Text: HF00181 Text: HF00183 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 611.24 PRODUCTS LIABILITY ACTION
1 2 DEFINED.
1 3 As used in title XV, "products liability action" means an
1 4 action or claim for damages against any person for or on
1 5 account of personal injury, death, or property damage caused
1 6 by or resulting from the design, formulation, preparation,
1 7 manufacture, processing, construction, assembly, testing,
1 8 packaging, labeling, advertising, marketing, distribution, or
1 9 installation of a product, and the issuance of warnings,
1 10 instructions, and directions respecting the use of a product.
1 11 The term includes, but is not limited to, actions based upon
1 12 the theories of negligence, strict liability, express
1 13 warranty, and implied warranty.
1 14 Sec. 2. Section 613.18, subsection 3, Code 1995, is
1 15 amended by striking the subsection.
1 16 Sec. 3. Section 614.1, subsection 2, Code 1995, is amended
1 17 to read as follows:
1 18 2. INJURIES TO PERSON OR REPUTATION &endash; RELATIVE RIGHTS &endash;
1 19 STATUTE PENALTY. Those founded on injuries to the person or
1 20 reputation, including injuries to relative rights, whether
1 21 based on contract or tort, or for a statute penalty, within
1 22 two years. However, a products liability action as defined in
1 23 section 611.24 based upon a theory of strict liability in tort
1 24 or breach of an implied warranty shall not be brought more
1 25 than five years after the product was first delivered for use
1 26 or consumption.
1 27 Sec. 4. NEW SECTION. 622.37 PRODUCTS LIABILITY &endash;
1 28 EVIDENCE OF SUBSEQUENT CHANGES.
1 29 In a products liability action as defined in section 611.24
1 30 the following are not admissible as evidence, except for the
1 31 limited purpose of the impeachment of a witness:
1 32 1. Evidence of advancements or changes in technical
1 33 knowledge or techniques, in design theory or philosophy, in
1 34 labeling, or instructions for use, or in manufacturing or
1 35 testing techniques or processes which have been made, learned,
2 1 or placed into use subsequent to the time of the design,
2 2 manufacturing, and testing of the product in issue.
2 3 2. Evidence of a change made in the design or methods of
2 4 manufacturing, testing, labeling, or instructing for use of a
2 5 product in issue or any similar product subsequent to the time
2 6 the product in issue was designed, manufactured, and tested.
2 7 EXPLANATION
2 8 This bill defines "products liability action" for the
2 9 purpose of statutes of limitation and the rules of evidence.
2 10 The bill establishes a five-year period from the date a
2 11 product was first delivered for use or consumption in which a
2 12 lawsuit alleging injury or damage from the product must be
2 13 filed. The bill also strikes a provision regarding tolling
2 14 the statute of limitations if the manufacturer of a product is
2 15 not identifiable. The bill also provides that certain
2 16 evidence regarding changes in the product or similar products,
2 17 methods of testing, manufacturing, or labeling the product is
2 18 only admissible in a products liability action for the purpose
2 19 of impeaching the testimony of a witness.
2 20 LSB 1383HH 76
2 21 mk/cf/24
Text: HF00181 Text: HF00183 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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