Bill Status of HB3186 103rd General Assembly
Short Description: LIMITATIONS-JOINT REPLACEMENT
Rep. Tom Weber
Statutes Amended In Order of Appearance
Synopsis As Introduced
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. If personal injury, death, or property damage occurs in relation to a medical joint replacement within 12 years from the date of first sale, lease, or delivery of possession by a seller, within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or within 10 years from the date of alteration, modification, or change, allows a plaintiff to 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.