BILL NUMBER: SB 67	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Kopp
   (Principal coauthor: Senator Thompson)

                        DECEMBER 11, 1996

   An act to amend Section 1714.45 of the Civil Code, relating to
product liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 67, as introduced, Kopp.  Product liability actions:  tobacco.
   Existing law exempts a manufacturer or seller from liability in a
product liability action if (1) the product is inherently unsafe and
is known to be unsafe by the ordinary consumer, as specified, and (2)
the product is a common consumer product intended for personal
consumption, such as sugar, castor oil, alcohol, tobacco, and butter,
as specified.
   This bill would delete tobacco from that illustrative list of
common consumer products.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1714.45 of the Civil Code is amended to read:
   1714.45.  (a) In a product liability action, a manufacturer or
seller shall not be liable if  both of the following apply 
:
   (1) The product is inherently unsafe and the product is known to
be unsafe by the ordinary consumer who consumes the product with the
ordinary knowledge common to the community  ; and 
 . 
   (2) The product is a common consumer product intended for personal
consumption, such as sugar, castor oil, alcohol,  tobacco,
 and butter, as identified in comment i to Section 402A of
the Restatement (Second) of Torts.
   (b) For purposes of this section, the term "product liability
action" means any action for injury or death caused by a product,
except that the term does not include an action based on a
manufacturing defect or breach of an express warranty.
   (c) This section is intended to be declarative of and does not
alter or amend existing California law, including Cronin v. J.B.E.
Olson Corp., (1972) 8 Cal. 3d 121, and shall apply to all product
liability actions pending on, or commenced after, January 1, 1988.