(a) As used in this section: (1) “Person injured” means the person who sustained damages because of personal injury, death, or property damage. (2) “Product liability damages” means damages because of personal injury, death, or property damage sustained by reason of an alleged defect in a product, or an alleged failure to warn or protect against a danger or hazard in the use or misuse of the product, or an alleged failure to instruct properly in the use of a product. (3) “Subsequent alteration or modification” means an alteration or modification of a product made subsequent to the manufacture or sale by the manufacturer or seller that altered, modified, or changed the purpose, use, function, design, or manner of use of the product from that originally designed, tested, or intended by the manufacturer, or the purpose, use, function, design, or manner of use or intended use for which the product was originally designed, tested, or manufactured. (b) Any defense claimed by the manufacturer or seller that the person injured made a subsequent alteration or modification to the product that is found to be a significant contributing factor to the injury, death, or property damage shall be controlled by the comparative negligence provisions of § 9-20-4. P.L. 2021, ch. 387, § 2, provides that the amendment to this section by that act takes effect on passage [July 13, 2021] and “shall only apply to causes of action and claims arising after the effective date of this act.” P.L. 2021, ch. 388, § 2, provides that the amendment to this section by that act takes effect on passage [July 13, 2021] and “shall only apply to causes of action and claims arising after the effective date of this act.”
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