Archive: Liability

  • Rational Use of a Product Act June 21, 2013

    Summary  The ALEC model Rational Use of a Product Act clarifies the law as to when a manufacturer or other seller is subject to liability for injuries stemming from misuse of its products: the alleged injury must result from the reasonable, foreseeable misuse of the product.  The model act accomplishes this goal in two ways.  First, the model act assures that the reasonableness of the consumer’s conduct in misusing the product is taken into account.  The mere fact that a misuse might, in some way, be “foreseeable” is insufficient for imposing liability when the misuse was unreasonable. Second, the model […]

  • Whistleblower Immunity Act March 15, 2013

    Summary  The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who come forward to disclose medical providers who practice negligent care. ALEC’s Whistle Blower Immunity Act holds that no person who files a complaint or testifies as a witness concerning unprofessional conduct by a person licensed to practice medicine, or concerning the inability of such licensee to practice medicine, would be held liable in any cause of action arising out of the filing of such complaint or testimony. Model Legislation Section […]

  • Volunteer Immunity and Charitable Organization Liability Limit Act March 15, 2013

    Summary The Act is intended to promote the formation, financial stability, and healthy operation of charitable organizations and to encourage volunteer and charitable organizations by limiting the exposure of organizations and volunteers to lawsuits arising from their charitable activities. Model Legislation Section 1. {Title} This Act shall be known as and may be cited as the Volunteer Immunity and Charitable Organization Liability Limit Act. Section 2. {Legislative finding and declaration of intent} The legislature finds that charitable organizations within this state perform essential and needed services. It is the intent of the legislature to encourage the formation of charitable organizations, […]

  • Assumption of Risk Act March 15, 2013

    Summary In recent years, courts in some states have held that when the legislature adopted a comparative fault statute, which bases the award to the plaintiff on the defendant’s percentage of responsibility for the injury to plaintiff, the legislature abolished the defense of assumption of the risk. About half of the states do not recognize assumption of the risk as a defense to liability. As part of the civil justice reform effort, however, legislators in some states have introduced bills to affirm that assumption of the risk remains a defense to liability. Because courts in some states have abolished the […]

  • Limited Immunity for Persons Responding to Oil Spills Act March 15, 2013

    Summary  ALEC’s model Limited Immunity for Person’s Responding to Oil Spills Act is designed to improve the nation’s ability to respond to large oil spills in coastal and tidal areas through reducing risk of liability for persons responding to oil spills. Model Legislation {Title, enacting clause, etc.} Section 1. {Short Title.} This act shall be known and may be cited as the Limited Immunity for Persons Responding to Oil Spills Act. Section 2. {Definitions.} The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: […]

  • Resolution in Support of Preserving Reasonable Limits on Wrongful Death Actions March 15, 2013

    Summary  This resolution responds to recent attempts in several state legislatures to expand both the scope of damages authorized and the class of claimants permitted to bring claims under wrongful death acts.  These efforts, spearheaded by the personal injury bar (the Association of American Justice, formerly the Association of Trial Lawyers of America, and its state sister groups), aim to increase litigation and resulting damages through departure from over a century of well-settled law.  Such proposals seek to authorize or expand recovery available for a wide range of non-pecuniary damages, such as loss of  companionship or pure grief.  These inherently […]

  • Commonsense Consumption Act March 15, 2013

    Summary The Commonsense Consumption Act prevents the legislative and regulatory functions of the State of _____ from being usurped by civil lawsuits against a food manufacturer, packer, distributor, carrier, holder, seller, marketer, advertiser or trade association for claims of [actual or potential] injury resulting from weight gain, obesity, or any health condition related to weight gain, obesity, or cumulative consumption.  Section 1. {Short Title} This act may be known as the Commonsense Consumption Act.  Section 2. {Legislative Intent}  To prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory […]

  • Landowners’ Liability Act March 15, 2013

     Summary The Landowners’ Liability Act encourages landowners to make land and water areas available to the public for educational and recreational purposes by limiting the owners liability toward persons entering thereon for such purposes. The Act provides that owners of land may be compensated for expenditures incurred in defense against frivolous or purposeless suits arising under this Act. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Landowners Liability Act. Section 2. {Definitions} In this Act, the following words have the meanings indicated: (A) “Charge” means price or fee asked for services, entertainment, […]

  • Resolution on Animal Liability and Guardianship March 15, 2013

    WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their animals, pet owners and their pets, and animal enterprises including but not limited to those defined in Section 2 of the Animal Welfare Act, (7USCS § 2132) maintains a healthy balance between the rights of these individuals and enterprises and the responsible care and well-being of all animals; and  WHEREAS,  this balance, the dramatic advances in recent years in animal care options, and the strict, consistent and ongoing enforcement of anti-cruelty laws promotes […]

  • Agriculture Bio-Security Act March 15, 2013

    Agriculture Bio-Security Act  Purpose This Act provides civil liability and criminal sanctions against the intentional acts of damaging or destroying any field crop or food product that is subject to testing or product development conducted under contract with a state college, university or other federal, state or local government agency. This Act includes those food products undergoing field testing by private sector corporations. Section 1. {Short Title} This Act shall be known as the Agriculture Bio-Security Act. Section 2. {Definition} For the purposes of this act, Product is defined as: field crops, forests, livestock including poultry and aquaculture, and any […]