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