| Chapter 387 |
| z2021 -- S 0736 SUBSTITUTE A Enacted 07/13/2021 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION |
Introduced By: Senators Archambault, and McCaffrey |
| Date Introduced: March 26, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 9-1-32 of the General Laws in Chapter 9-1 entitled "Causes of |
| Action" is hereby amended to read as follows: |
| 9-1-32. Effect of alteration of product after sale. |
| (a) As used in this section: |
| (1) (2) "Product liability damages" means damages because of personal injury, death, or |
| property damage sustained by reason of an alleged defect in a product, or an alleged failure to warn |
| or protect against a danger or hazard in the use or misuse of the product, or an alleged failure to |
| instruct properly in the use of a product. |
| (2) (3) "Subsequent alteration or modification" means an alteration or modification of a |
| product made subsequent to the manufacture or sale by the manufacturer or seller which that |
| altered, modified, or changed the purpose, use, function, design, or manner of use of the product |
| from that originally designed, tested, or intended by the manufacturer, or the purpose, use, function, |
| design, or manner of use or intended use for which the product was originally designed, tested, or |
| manufactured. |
| (3) (1) "Person injured" means the person that who sustained damages because of personal |
| injury, death, or property damage. |
| (b) No manufacturer or seller of a product shall be liable for product liability damages |
| where a substantial cause of the injury, death, or damage was a subsequent alteration or |
| modification. Any defense claimed by the manufacturer or seller that the person injured made a |
| subsequent alteration or modification to the product that is found to be a significant contributing |
| factor to the injury, death, or property damage shall be controlled by the comparative negligence |
| provisions of ยง 9-20-4. |
| SECTION 2. This act shall take effect upon passage and shall only apply to causes of action |
| and claims arising after the effective date of this act. |
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| LC002421/SUB A |
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