Text: HF00361 Text: HF00363 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 614.1, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 2A. WITH RESPECT TO PRODUCTS. Those
1 4 founded on the death of the person or injuries to the person
1 5 or property brought against the manufacturer, assembler,
1 6 designer, supplier of specifications, seller, or distributor
1 7 of a product based upon an alleged defect in the design,
1 8 inspection, testing, manufacturing, formulation, marketing,
1 9 packaging, warning, labeling of the product, or any other
1 10 alleged defect or failure of whatever nature or kind, based on
1 11 the theories of strict liability in tort, negligence, or
1 12 breach of an implied warranty shall not be commenced more than
1 13 ten years after the product was first purchased, leased,
1 14 bailed, or installed for use or consumption. This subsection
1 15 shall not affect the time during which a person found liable
1 16 may seek and obtain contribution or indemnity from another
1 17 person whose actual fault caused a product to be defective.
1 18 This subsection does not apply to a manufacturer,
1 19 assembler, designer, supplier of specifications, seller, or
1 20 distributor of a product who is subject to a federal consent
1 21 decree, order, or agreement recalling the product or
1 22 prohibiting the sale or further manufacture of the product.
1 23 The ten-year statute of repose shall not apply in cases of
1 24 fraud or intentional misrepresentation by a manufacturer.
1 25 Sec. 2. NEW SECTION. 668.3A IMMUNITY DUE TO MISUSE,
1 26 FAILURE TO MAINTAIN, OR ALTERATION.
1 27 Notwithstanding any other provisions of the Code, in an
1 28 action seeking recovery of damages for personal injury, death,
1 29 or property damage alleged to have been caused by a product,
1 30 no fault shall be allocated to a manufacturer, assembler,
1 31 designer, supplier of specifications, seller, or distributor,
1 32 where the proximate cause of the injury was a misuse of the
1 33 product by the plaintiff or some third person or was a failure
1 34 by the plaintiff or some third person to properly maintain,
1 35 service, or repair the product or was due to an alteration,
2 1 modification, or change in the product which was made by a
2 2 person other than, and without the direction or consent of,
2 3 the manufacturer, assembler, designer, supplier of
2 4 specifications, seller, or distributor from whom recovery of
2 5 damages is being sought.
2 6 This section does not apply to a manufacturer, assembler,
2 7 designer, supplier of specifications, seller, or distributor
2 8 of a product who is subject to a federal consent decree,
2 9 order, or agreement recalling the product or prohibiting the
2 10 sale or further manufacture of the product.
2 11 Sec. 3. APPLICABILITY. This Act applies only to causes of
2 12 action accruing on or after July 1, 1995.
2 13 HF 362
2 14 mk/pk/25
Text: HF00361 Text: HF00363 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00300/HF00362/960207.html
jhf