Text: HSB00131 Text: HSB00133 Text: HSB00100 - HSB00199 Text: HSB 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 six 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 Sec. 2. NEW SECTION. 668.3A IMMUNITY DUE TO MISUSE,
1 19 FAILURE TO MAINTAIN, OR ALTERATION.
1 20 Notwithstanding any other provisions of the Code, in an
1 21 action seeking recovery of damages for personal injury, death,
1 22 or property damage alleged to have been caused by a product,
1 23 no fault shall be allocated to a manufacturer, assembler,
1 24 designer, supplier of specifications, seller, or distributor,
1 25 where the primary cause of the injury was a misuse of the
1 26 product by the plaintiff or some third person or was a failure
1 27 to properly maintain, service, or repair the product or was
1 28 due to an alteration, modification, or change in the product
1 29 which was made by a person other than, and without the
1 30 direction or consent of, the manufacturer, assembler,
1 31 designer, supplier of specifications, seller, or distributor.
1 32 EXPLANATION
1 33 This bill provides that the statute of limitations for a
1 34 products liability action is six years from the date the
1 35 product is first purchased, leased, bailed, or otherwise
2 1 installed for use or consumption. The bill also provides that
2 2 where misuse, failure to maintain, or unauthorized alteration
2 3 of a product is the primary cause of injury, the manufacturer,
2 4 assembler, designer, wholesaler, retailer, or distributor
2 5 shall not have any percentage of fault allocated against them
2 6 under Iowa's comparative fault law.
2 7 LSB 1684HC 76
2 8 mk/sc/14.1
Text: HSB00131 Text: HSB00133 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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