Senate Bill No. introduced by A. Olsen seeks to revise Montana's product liability laws by expanding the scope of liability for sellers of unreasonably dangerous products to encompass both physical and economic harm to users or consumers. The bill amends Section 27-1-719 of the Montana Code Annotated (MCA) to establish that sellers are liable for any harm caused by defective products, irrespective of whether they exercised care in preparation or if the product was not purchased directly from them. Key changes include the insertion of "or economic" in multiple sections, broadening the definition of harm for which sellers can be held accountable, and the deletion of references to property damage in certain contexts, thereby emphasizing economic harm. Additionally, the bill introduces a rebuttable presumption that a product is not defectively designed or manufactured if it complied with applicable safety regulations at the time of sale.

The bill also modifies the conditions under which a product liability action can be initiated against sellers who are not manufacturers, requiring claimants to provide substantial evidence of specific circumstances, such as the seller's control over the manufacturing process or unauthorized alterations made by the seller. It outlines scenarios for seller liability, including cases where the manufacturer cannot be identified or has declared bankruptcy. Furthermore, the bill clarifies definitions related to product liability actions, streamlining the language by removing the phrase "or property, or economic damage caused by or resulting from" from the definition of a product liability action, thus focusing on personal injury and death. Overall, this legislation aims to enhance consumer protection while refining the legal framework surrounding product liability claims.

Statutes affected:
LC Text: 27-1-719
SB0292_1(1): 27-1-719
SB0292_1(2): 27-1-719
SB0292_1(3): 27-1-719
SB0292_1: 27-1-719