Missouri Senate Bill SB635

Missouri 2022 Regular Session

• Introduced: 1/5/22
• Refer: 1/10/22

Caption

Provides that a person who is injured by a product has 15 years after the sale or lease of the product to bring a suit for damages

Impact

The introduction of SB635 would significantly amend the existing laws concerning product liability claims in Missouri. By defining a fifteen-year period as the window for plaintiffs to file lawsuits, the bill aims to strike a balance between the rights of consumers to obtain justice for economic or bodily harm, and the interests of manufacturers who face prolonged uncertainty regarding potential legal claims. However, various exceptions to the statute are included to ensure that cases involving concealed defects or negligence are still actionable beyond this timeframe.

Summary

Senate Bill 635 establishes a new statute of limitations for certain product liability claims related to economic loss, personal injury, and property damage due to defective or unsafe products. Specifically, it mandates that any action for damages must be commenced within a period of fifteen years from the date the product was first sold, leased, or introduced into commerce. This bill aims to offer clearer timelines for consumers seeking redress while also providing manufacturers a defined time frame to manage potential liabilities.

Contention

Notably, points of contention surrounding SB635 include concerns that the fifteen-year limit may be excessively restrictive for consumers, especially in cases where harm may manifest years after the initial exposure to a product. Critics argue that the latency period for many diseases could eclipse the proposed limit, potentially barring legitimate claims from individuals suffering from such conditions. Additionally, the bill’s exceptions, particularly those concerning concealed defects and warranties, also raise discussions about the adequacy of consumer protections versus the need to offer suppliers legal certainty.