Archive: Liability

  • Whistleblower Immunity Act March 15, 2013

    Summary  The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who come forward to disclose medical providers who practice negligent care. [...]

  • Volunteer Immunity and Charitable Organization Liability Limit Act March 15, 2013

    Summary The Act is intended to promote the formation, financial stability, and healthy operation of charitable organizations and to encourage volunteer and charitable organizations by limiting the exposure of organizations and volunteers to lawsuits arising from their charitable activities. Model [...]

  • Rational Use of a Product Act March 15, 2013

    Summary  The ALEC model Rational Use of a Product Act clarifies the law as to when a manufacturer or other seller is subject to liability for injuries stemming from misuse of its products: the alleged injury must result from the [...]

  • Assumption of Risk Act March 15, 2013

    Summary In recent years, courts in some states have held that when the legislature adopted a comparative fault statute, which bases the award to the plaintiff on the defendant’s percentage of responsibility for the injury to plaintiff, the legislature abolished [...]

  • Limited Immunity for Persons Responding to Oil Spills Act March 15, 2013

    Summary  ALEC’s model Limited Immunity for Person’s Responding to Oil Spills Act is designed to improve the nation’s ability to respond to large oil spills in coastal and tidal areas through reducing risk of liability for persons responding to oil [...]

  • Resolution in Support of Preserving Reasonable Limits on Wrongful Death Actions March 15, 2013

    Summary  This resolution responds to recent attempts in several state legislatures to expand both the scope of damages authorized and the class of claimants permitted to bring claims under wrongful death acts.  These efforts, spearheaded by the personal injury bar [...]

  • Commonsense Consumption Act March 15, 2013

    Summary The Commonsense Consumption Act prevents the legislative and regulatory functions of the State of _____ from being usurped by civil lawsuits against a food manufacturer, packer, distributor, carrier, holder, seller, marketer, advertiser or trade association for claims of [actual [...]

  • Landowners’ Liability Act March 15, 2013

     Summary The Landowners’ Liability Act encourages landowners to make land and water areas available to the public for educational and recreational purposes by limiting the owners liability toward persons entering thereon for such purposes. The Act provides that owners of [...]

  • Resolution on Animal Liability and Guardianship March 15, 2013

    WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their animals, pet owners and their pets, and animal enterprises including but not limited [...]

  • Agriculture Bio-Security Act March 15, 2013

    Agriculture Bio-Security Act  Purpose This Act provides civil liability and criminal sanctions against the intentional acts of damaging or destroying any field crop or food product that is subject to testing or product development conducted under contract with a state [...]