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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