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SB1565 • 2026

Modifies provisions relating to determinations of fault in products liability claims

Modifies provisions relating to determinations of fault in products liability claims

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Fitzwater, Travis; House handler: N/A
Last action
2026-02-05
Official status
Second Read and Referred S General Laws Committee
Effective date
2026-08-28

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-02-05 S309

    Second Read and Referred S General Laws Committee

  2. 2026-01-15 S183

    S First Read

Official Summary Text

The following summaries of this bill are available:

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Introduced

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SB 1565 - Currently, for products liability claims, a defendant may plead and prove the fault of the plaintiff as an affirmative defense. This act provides that the defendant may plead and prove the fault of the plaintiff or any other person or entity as an affirmative defense in any products liability claim, including strict liability claims. Furthermore, any fault chargeable to any other person or entity, in addition to the plaintiff, shall diminish proportionately an award of compensatory damages but shall not bar recovery.

This act repeals the current limited circumstances of which fault of the plaintiff may consist of and provides that fault instead shall mean any actionable breach of legal duty or act or omission proximately causing or contributing to cause in any way the accident or harm for which recovery of damages is sought.

Finally, this act provides that liability of each defendant in a products liability claim is several and is not joint. Thus, each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault. In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the accident or harm, regardless of whether such persons or entities were named as parties to the suit. The relative degree of fault of the plaintiff, defendants, and nonparties shall be determined and apportioned as a whole at one time by the trier of fact.
KATIE O'BRIEN