HB251 Alabama 2011 Session

Summary

Primary Sponsor

K.L. Brown

Republican

Co-Sponsors

William RobertsBarry MooreEd HenryWes LongRichard BaughnKen Johnson

Session

Regular Session 2011

Title

Small Business Protection Act, established, product liability action for relief against sellers that are not manufacturers, prohibited

Summary

HB251 would mostly shield non-manufacturer sellers from product liability claims in Alabama, with specific exceptions and a process to identify and pursue the actual manufacturer.

What This Bill Does

If passed, the bill would generally prohibit product liability lawsuits against distributors, wholesalers, dealers, retailers, or other sellers (and entities using a product in production or delivery) unless they meet certain conditions. It creates a path for claimants who cannot identify a manufacturer to sue the seller, but requires due diligence and an eventual shift to pursuing the manufacturer. Once the manufacturer is identified and sued, claims against other sellers must be dismissed unless the seller can prove the legal criteria for liability are met.

Who It Affects

• Distributors, wholesalers, dealers, retailers, or other sellers of products (and entities using a product in production or delivery) would be generally protected from product liability liability unless they meet the specified exceptions.
• Claimants (injured individuals or plaintiffs) who cannot identify the product's manufacturer would be allowed to sue the seller after demonstrating due diligence, with a requirement to pursue the manufacturer once identified and to dismiss other seller claims unless certain criteria are shown.

Key Provisions

• Section 2(a): Prohibits product liability actions against non-manufacturer sellers unless they are also the manufacturer/assembler and the defect is causally related, or they exercised substantial control over design, testing, manufacture, packaging, or labeling and that control is causally related to the defect, or they altered/modifed the product in a way that was a substantial factor in causing harm.
• Section 2(b): Allows a product liability action against a seller if the claimant cannot identify the manufacturer despite good faith due diligence, provided the claimant files an affidavit certifying the due diligence and inability to identify the manufacturer.
• Section 2(c): In such cases, the plaintiff may file an affidavit identifying the manufacturer; once the manufacturer is identified and has answered, the plaintiff must dismiss all claims against other sellers unless there is prima facie evidence that the Section 2(a) criteria are satisfied.
• Section 3: The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure