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LEGAL REFORM

PRODUCT LIABILITY REFORM

THE ISSUE IS. The enactment of federal product liability reform legislation.

IT'S IMPORTANT BECAUSE. The current state of product liability law is such that the former fault-based system has been transformed into one of strict liability, which punishes manufacturers and their customers regardless of fault. This strict liability system has served to inhibit the development of new products and adversely impact the international competitiveness of products manufactured in this country.

Efforts undertaken by various states to enact product liability reform measures have been largely unsuccessful. However, progress is being made in some states. On the federal level, legislation to create uniform national product liability rules has been pending for several years. However, powerful plaintiff trial lawyer lobbying groups have successfully assisted in stopping such reform measures to date.

NAMIC POSITION. The imbalance and uncertainty of evolving state tort law are major contributing factors to increasing product liability insurance costs. NAMIC endorses efforts to enact a federal product liability reform law that will restore fairness and predictability to the marketplace.

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Legislative Action Network

As a "minuteman," you will be in the know at the critical moment when a call to action is necessary or when decisions are being made on issues like federal regulation of insurance, legal reform, terrorism insurance, asbestos reform and small property/casualty company taxation.

Benjamin Franklin Public Policy Award

Every two years, NAMIC presents their coveted Benjamin Franklin Public Policy Award© to lawmakers who have supported a stronger insurance market at least 75 percent of the time. This is demonstrated based on their support of NAMIC's position on certain roll call votes taken, or being a principal player/sponsor on legislation affected the property/casualty insurance industry, during the previous Congress.