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In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the law of products liability in Mississippi. Governor Fordice supported the measure as making "our product liability laws clearer and fairer for all our people." Stability and fairness to both producers and consumers are laudable goals, but as this Article will demonstrate, the Act may actually result in more confusion and less fairness for the people and businesses of Mississippi. The Act is deeply flawed, and the legislature needs to more carefully address products liability reform.

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