The proposed Virginia Litigation Reduction and Consumer Personal Responsibility Act

The Fredericksburg paper has this article about the proposed "Virginia Litigation Reduction and Consumer Personal Responsibility Act of 2005," which is online as HB 1617, and provides, in part, as follows:

§ 8.01-44.7. Product liability; products containing open and obvious dangers.

A. A product liability action may not be brought in any federal or state court under Virginia law against any manufacturer or seller of a qualified food product where the claim arises from an injury, potential injury or death resulting from a person's consumption of a food product and weight gain, obesity or any health condition that is associated with a person's weight gain or obesity.

B. In a product liability action, a manufacturer or seller shall not be liable under Virginia law where the claim arises from an injury to or the death of a voluntary user of the product that is directly caused by an open and obvious danger of the product.