House Bill 33
140th General Assembly (1999 - 2000)
Bill Progress
Lieu/Substituted 3/31/99
The General Assembly has ended, the current status is the final status.
Bill Details
1/27/99
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO SALES OF GOODS.
Under present law, an action for personal injury accrues after the individual has been harmed by the product or actor who inflicted the injury, whether intentionally or negligently. The Uniform Commercial Code did not specifically address personal injury, but the Delaware Supreme Court has interpreted the Uniform Commercial Code to preempt the area of tort law relating to products; and the Supreme Court imposed a 4-year statute from the date of sale by the consumer for 1 to 3 years. Thus, a person who suffers an injury which occurs because of a defect or dangerous product is left with no remedy. In order to bring this in line with Delaware law, this Amendment makes the cause of action for personal injury accrue at the date of the injury, as with other personal injuries in this state, under 10 Del. C §8119.
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Takes effect upon being signed into law
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Favorable:
On its Merits:
Unfavorable: