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For Immediate Release: August 27, 2015
Contact: Jonathan Paine, (202) 367-1169
NLBMDA Reiterates Innocent Sellers Fairness Act as a Top Legislative Priority
[Washington DC] - The National Lumber and Building Material Dealers Association (NLBMDA) reiterates its full support for the Innocent Sellers Fairness Act (H.R. 1199), which would provide product liability protection in certain circumstances for lumber dealers that merely sell products, and did not manufacture or alter them. The bill was reintroduced in March in the House of Representatives and remains a top priority for NLBMDA.
The legislation addresses the problem of unwarranted and unfounded product liability lawsuits faced by lumber dealers. It is designed to limit exposure of dealers for acts or circumstances for which, or in which, they have no responsibility beyond selling the product.
In some cases, dealers have even faced lawsuits for defects in products that cannot be proven they sold. For example, a lumberyard was sued by someone who claimed his exposure to building materials caused him to develop mesothelioma. The plaintiff claimed he purchased building products from the dealer between 1975 and 1990. Not only was the plaintiff unable to provide any evidence that the alleged building materials contained asbestos, he was unable to provide any documents showing he even purchased the items from that lumberyard. The claim was ultimately dismissed, but not until thousands of dollars were spent to have it dismissed.
"Frivolous legal actions brought against lumber dealers cost time and money that could be better spent on their businesses," said NLBMDA Chairman JD Saunders, vice president at Economy Lumber in Campbell, California. "Dealers should not have to choose between fighting a frivolous lawsuit or accepting a settlement agreement to make it go away; the Innocent Sellers Fairness Act helps address this problem."
Organizations representing distributors and retailers across a wide range of industries support the legislation including the National Association of Wholesaler-Distributors, National Federation of Independent Business, National Retail Federation and the U.S. Chamber of Commerce.
NLBMDA encourages dealers to continue visiting NLBMDA's Legislative Action Center, contact their representative and ask them to become a cosponsor on the Innocent Sellers Fairness Act.
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JD Saunders
NLBMDA Chair
VP of Economy Lumber
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Jonathan M. Paine
NLBMDA President & CEO
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The National Lumber and Building Material Dealers Association (NLBMDA) represents its members in the national public policy arena, with emphasis on efforts to 1) promote the industry and educate legislators and public policy personnel; and 2) assist legislative, regulatory, standard-setting and other government or private bodies in the development of laws, regulations and policies affecting lumber and building material dealers, its customers and suppliers. Founded in 1917, the association has over 6,000 members operating single or multiple lumber yards and component plants serving homebuilders, subcontractors, general contractors, and consumers in the new construction, repair and remodeling of residential and light commercial. www.dealer.org.
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