HB617 Alabama 2013 Session

Summary

Primary Sponsor

Jack Williams

Republican

Co-Sponsors

Lynn GreerEd Henry

Session

Regular Session 2013

Title

Product liability action against manufacturers restricted, Sec. 6-5-521 am'd.

Summary

The bill tightens who can be sued in product liability cases by restricting claims against manufacturers and limiting distributor liability unless specific conditions apply.

What This Bill Does

It narrows product liability to lawsuits against the actual manufacturer of the product. It sets the manufacturer of the specific product as the only potential defendant, and establishes that the sole remedy is the product liability action described, with no other basis for liability. It allows distributors, wholesalers, dealers, retailers, or sellers to be sued only under narrow circumstances, such as when they also manufactured or assembled the final product or had substantial control over design, testing, manufacture, packaging, or labeling, or when the distributor altered the product and that alteration caused harm. If a claimant cannot identify the manufacturer, the bill allows a limited pathway to sue a distributor, with a process to identify the correct manufacturer before continuing the action. The bill also requires dismissal of distributor claims once the manufacturer is identified and the action moves forward against the manufacturer.

Who It Affects

• Manufacturers: may face liability only if they actually manufactured the specific product involved in the claim, potentially reducing liability for products they did not manufacture.
• Distributors/wholesalers/dealers/retailers/sellers: face liability only under narrow conditions (e.g., they were the manufacturer/assembler, had substantial control over design/testing/manufacture/packaging/labeling, or altered the product in a substantial way), or under a due-diligence exception if the manufacturer cannot be identified.

Key Provisions

• Defines product liability action as a claim brought by a natural person for injury, death, or property damage based on various negligence or warranty theories.
• Prohibits suing a manufacturer for relief unless that manufacturer made the specific product involved.
• Establishes that the product liability action provides the sole remedy for such injuries and that other theories do not apply.
• Restricts distributor/seller liability to specific scenarios: the distributor is also the manufacturer/assembler, had substantial control over design/testing/manufacture/packaging/labeling, or altered the product in a way that caused harm.
• Allows suing a distributor if the claimant cannot identify the manufacturer, but requires an affidavit of due diligence and identification of the manufacturer before proceeding against the distributor.
• Requires dismissal of distributor claims once the manufacturer is identified and the action is brought against the manufacturer, unless prima facie evidence shows the distributor meets the allowed criteria.
• Clarifies that the defined terms are for this division and do not broaden or limit other liability principles outside this division.
• Effective date: becomes law 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