LIMITATIONS-JOINT REPLACEMENT
Summary
Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. Provides the if personal injury, death, or property damage occurs in relation to a medical joint replacement either (i) within 12 years from the date of first sale, lease, or delivery of possession by a seller, (ii) within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or (iii) within 10 years from the date of alteration, modification, or change, then a plaintiff may bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2023
Last action Feb 17, 2023
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
3
Key actions
0
Committee
1
Feb 17, 2023
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tom Weber
RRepublican
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