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 explicitly state that sellers are liable for economic harm caused by defective products, thereby broadening the potential for claims against sellers and allowing consumers to seek compensation for economic losses. The legislation also outlines various affirmative defenses that sellers can assert, such as contributory negligence and misuse of the product, while maintaining exclusions for claims related to COVID-19 and improper product design.

Additionally, the bill modifies the conditions under which a product liability action can be initiated against a seller who is not also a manufacturer, requiring claimants to provide substantial evidence of specific circumstances, such as the seller's control over manufacturing or unauthorized alterations. It clarifies definitions related to product liability actions and removes the phrase "or property, or economic damage caused by or resulting from" from the definition of a product liability action, streamlining the language to focus on personal injury and death. Overall, this legislation aims to enhance consumer protection while providing a clear framework for sellers to defend against liability claims.

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