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RELATING TO CAUSES OF ACTION

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) "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) "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 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.

(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 unless said subsequent alteration or modification was foreseeable.

SECTION 2. This act shall take effect upon passage.

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LC01231
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would make manufacturers liable when a product is altered or modified and such alteration or modification was foreseeable.

This act would take effect upon passage.