‘An Act To Amend the Law Pertaining to Defective or Unreasonably Dangerous Implantable Medical Devices and Pharmaceuticals’
| SP0462 LD 1331 |
Session - 126th Maine Legislature C "A", Filing Number S-163, Sponsored by
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LR 1626 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Amend the Law Pertaining to Defective or Unreasonably Dangerous Implantable Medical Devices and Pharmaceuticals’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 14 MRSA §221, as enacted by PL 1973, c. 466, §1, is amended to read:
§ 221. Defective or unreasonably dangerous goods
One who sells any goods or products in a defective condition unreasonably dangerous to the user or consumer or to his the user's or consumer's property is subject to liability for physical harm thereby caused to a person whom the manufacturer, seller or supplier might reasonably have expected to use, consume or be affected by the goods, or to his the user's or consumer's property, if the seller is engaged in the business of selling such a product and it is expected to and does reach the user or consumer without significant change in the condition in which it is sold. This section applies although the seller has exercised all possible care in the preparation and sale of his the product and the user or consumer has not bought the product from or entered into any contractural contractual relation with the seller. A civil action to enforce this section against a seller of a pharmaceutical or implantable medical device must be commenced within 6 years after the date that both that injury and its cause are known or should have been known by the exercise of reasonable diligence.
As used in this section, the following terms have the following meanings.
summary
The bill requires a user or consumer who has been injured by defective or unreasonably dangerous goods or products to bring a civil action within 6 years after the date that both that injury and its cause are known or should have been known by the exercise of reasonable diligence. This amendment, which is the majority report of the committee, limits the type of civil actions subject to the 6-year limitation to actions against sellers of pharmaceuticals or implantable medical devices and provides definitions of those terms.