It being the judgment of the General Assembly that a study on matters pertaining to the laws of products liability was necessary and prudent, the 1977 General Assembly adopted House Joint Resolution No. 239, establishing the Joint Subcommittee on· Products Liability to be composed of members of the House and Senate Committees for Courts of Justice.

Pursuant to the Resolution, the Chairman of the House Committee on Courts of Justice, Delegate George E. Allen, Jr., appointed himself and Delegates Joseph A. Leafe, Norfolk, C. Hardaway Marks, Hopewell, Theordore V. Morrison, Jr., Newport News and A. L. Philpott, Henry. Senator. William F. Parkerson, Jr., Chairman of the Senate Committee appointed himself and Senators Herbert H. Bateman, Newport News, Frederick C. Boucher, Abingdon, Joseph V. Gartlan, Jr., Alexandria and Dudley J. Emick, Jr., Fincastle. At its organizational meeting, the Joint Subcommittee elected Delegate Philpott as Chairman. The Joint Subcommittee has held hearings in Richmond, explored the matters assigned to it, and now makes this report.

The Clerks of the House of Delegates and of the Senate furnished staffing and support for the Joint Subcommittee. The Division of Legislative Services also furnished support and furnished counsel to the Committee.

GENERAL CONCLUSION

The Joint Subcommittee was enjoined to determine "what action is necessary to alleviate unreasonable and inequitable burdens being imposed on manufacturers and sellers of products resulting from excesses in the application of the theories of liability and the products liability reparation system."

The finding of the Joint Subcommittee, generally, is that whatever excesses may exist in other jurisdictions, the reparation system in the Commonwealth of Virginia is in good health, both from the standpoint of the manufacturer, seller at retail and wholesale, and the consumer. Virginia has not adopted the doctrine of strict liability in tort, which places liability, without proof of negligence, upon a manufacturer or seller of a product when he places a product on the market, knowing it is to be used without inspection for defects, and the product proves to have a defect which causes injury.

The Joint Subcommittee finds that this doctrine is the root from which excesses, if any, grow. Since, as stated, Virginia's courts have not adopted this concept, most of the concerns expressed do not apply in the Commonwealth. These concerns will be dealt with in this report, seriatim.