SB184 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

Ben H. Brooks

Session

Regular Session 2011

Title

Product liability action for relief against sellers that are not manufacturers, prohibited, Secs. 6-5-501, 6-5-521 am'd. (2011-20347)

Summary

SB184 bars product liability lawsuits against distributors who are not manufacturers, with specific exceptions, and requires identifying the actual manufacturer in many cases.

What This Bill Does

If enacted, the bill prohibits suing distributors, wholesalers, dealers, or retailers for injuries caused by a product unless one of several exceptions applies. It creates four main exceptions: (1) the distributor is also the manufacturer or assembler and the act is linked to the defect; (2) the distributor had substantial control over design, testing, manufacture, packaging, or labeling and this relates to the defect; (3) the distributor altered the product and the change significantly contributed to the harm; and (4) if the manufacturer cannot be identified after due diligence, a claim may proceed against a distributor with an affidavit, and the plaintiff may later identify the manufacturer and pursue that claim. If a claimant identifies the manufacturer and sues them, they must dismiss other distributor claims unless those claims meet the original exceptions. The same rules apply to the related provisions in 6-5-521. The act applies to actions filed after it takes effect and becomes law immediately upon passage.

Who It Affects

• Distributors/sellers of products are generally shielded from product liability lawsuits unless one of the listed exceptions applies.
• Injured individuals and their lawyers must use due diligence to identify the manufacturer and may need to pursue an affidavit process; after manufacturer identity is established, distributor claims may be dismissed unless they satisfy the exceptions.

Key Provisions

• No product liability action may be brought against a distributor unless one of four specific conditions is met: distributor is the manufacturer/assembler; distributor had substantial control over design/testing/manufacture/packaging/labeling and this caused the defect; distributor altered the product and the alteration caused harm; or the manufacturer cannot be identified after due diligence and an affidavit process allows a distributor claim.
• If a claimant cannot identify the manufacturer after good faith due diligence, they may bring suit against a distributor and must file an affidavit certifying the inability to identify the manufacturer.
• When a distributor is sued under the identification-difficulty provision and the manufacturer is later identified and sued, the claimant must dismiss all distributor claims unless there is prima facie evidence supporting continued action against those distributors under the exceptions.
• The same provisions apply to 6-5-521, which defines a product liability action and mirrors the distributor-related protections and contingencies.
• The act applies only to civil actions commenced or filed after the effective date, and becomes effective immediately after passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure