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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