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House Amendment 1483

Amendment Text

PAG LIN
  1  1    Amend House File 693 as follows:
  1  2    #1.  Page 9, by inserting after line 7 the
  1  3 following:
  1  4    "Sec. ___.  NEW SECTION.  668.3A  IMMUNITY DUE TO
  1  5 MISUSE, FAILURE TO MAINTAIN, OR ALTERATION.
  1  6    1.  Notwithstanding any other provisions of the
  1  7 Code, in an action seeking recovery of damages for
  1  8 personal injury, death, or property damage alleged to
  1  9 have been caused by a product, no fault shall be
  1 10 allocated to a manufacturer, assembler, designer,
  1 11 supplier of specifications, seller, lessor, or
  1 12 distributor, if the primary cause of the injury was a
  1 13 misuse of the product by the plaintiff or some third
  1 14 person or was a failure to properly maintain, service,
  1 15 or repair the product or was due to an alteration,
  1 16 modification, or change in the product which was made
  1 17 by a person other than, and without the direction or
  1 18 consent of, the manufacturer, assembler, designer,
  1 19 supplier of specifications, seller, lessor, or
  1 20 distributor from whom recovery of damages is being
  1 21 sought.
  1 22    2.  If a manufacturer, assembler, designer,
  1 23 supplier of specifications, seller, lessor, or
  1 24 distributor discovers a defect in the product after
  1 25 the product was delivered to the end user, the
  1 26 manufacturer, assembler, designer, supplier of
  1 27 specifications, seller, lessor, or distributor shall
  1 28 be immune from liability for the defect if all of the
  1 29 following apply:
  1 30    a.  The manufacturer, assembler, designer, supplier
  1 31 of specifications, seller, lessor, or distributor
  1 32 provides written notice to the end user regarding the
  1 33 defect and possible harmful effects associated with
  1 34 the defect in the product.
  1 35    b.  The party providing the notice remedies the
  1 36 defect within a reasonable amount of time following
  1 37 the notice, at the expense of the party providing the
  1 38 notice.
  1 39    A party providing notice under this subsection
  1 40 shall be immune from liability from the time notice is
  1 41 provided to the time the defect is remedied by the
  1 42 party providing the notice."
  1 43    #2.  By renumbering as necessary.  
  1 44 
  1 45 
  1 46                               
  1 47 JENKINS of Black Hawk
  1 48 HF 693.212 77
  1 49 tm/jj/28
     

Text: H01482                            Text: H01484
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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