H. B. 2810
(By Mr. Speaker, Mr. Kiss and Delegates
Michael, Amores, Kominar and Trump)
[Introduced January 31, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated twelve-a, relating to
statutes of repose for product liability actions.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve-a, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12a.Statute of repose for product liability actions.
(a) No product liability action concerning a product or
durable good as defined in this section may be filed after the eighteen-year period beginning at the time of delivery of the
product to the first purchaser or lessee.
(b) A "product" means any object, substance, mixture, in a
gaseous, liquid or solid state, which is:
(1) Capable of delivery itself or as an assembled whole, in a
mixed or combined state, or as a component part or ingredient;
(2) Produced for introduction into trade or commerce; and
(3) Intended for sale or lease for commercial or personal use.
(c) The term "product" does not include human tissue, human
organs, human blood, and human blood products, electricity, water
delivered by a utility, natural gas, steam or intellectual
property, including computer software.
(d) A"durable" good means any product, or any component of any
product which:
(1) Either has a normal life expectancy of three or more
years, or is of a character subject to allowance for depreciation
under the Internal Revenue Code of 1986; and
(2) Is either (A) used in trade or business; (B) held for the
production of income; or (C) sold or donated to a governmental or
private entity for the production of goods, training,
demonstration, or any other similar purpose; and
(3) Is used in a workplace and is alleged to have caused harm
that is covered under chapter twenty-three of this code.
(e) Subsection (a) of this code section does not prohibit a
product liability action against a defendant who made an express
warranty in writing as to the safety or life expectancy of the
specific product involved which was longer than eighteen years,
except that subsection (a) shall apply at the expiration of that
warranty.
(f) This section supersedes, invalidates and repeals all other
state laws which conflict with its provisions.
(g) This section applies to all causes of action arising on or
after the effective date of its enactment.
(h) The provisions of this section shall be severable from the
provisions of each other subparagraph, paragraph, subdivision,
subsection, section, article, or chapter of this code so that if
any provision of this section be held void, the remaining
provisions of this act, article, section and this code shall remain
valid.
NOTE: The purpose of this bill is to establish a statute of
repose for product liability actions for products and durable
goods.
This section is new; therefore, strike-throughs and
underscoring have been omitted.