Product Liability Key Issue for Tort Reform in Oklahoma

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The last portion of House Bill 1603 - the 2009 legislative session's main tort reform bill - deals mainly with product liability. The latter sections of the bill also include many of the provisions most debated by lawmakers for and against tort reform: a $300,000 cap on noneconomic damages, joint and several liability, and collateral source payments.

Section 31 alters the criteria a jury would use to determine punitive damages. The jury would be asked to consider not only the hazard presented by a defendant's misconduct, but also what harm has actually occurred due to the misconduct. The plaintiff would have to provide evidence to back up their claim for punitive damages …