Text: HSB00141 Text: HSB00143 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 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 2A. PRODUCTS. Those founded on the death
1 4 of the person or injuries to the person or property brought
1 5 against the manufacturer, assembler, designer, supplier of
1 6 specifications, seller, or distributor of a product based upon
1 7 an alleged defect in the design, inspection, testing,
1 8 manufacturing, formulation, marketing, packaging, warning,
1 9 labeling of the product, or any other alleged defect or
1 10 failure of whatever nature or kind, based on the theories of
1 11 strict liability in tort, negligence, or breach of an implied
1 12 warranty, within ten years after the product was first
1 13 purchased, leased, bailed, or installed for use or
1 14 consumption. This subsection shall not affect the time during
1 15 which a person found liable may seek and obtain contribution
1 16 or indemnity from another person whose actual fault caused a
1 17 product to be defective or to fail.
1 18 This subsection does not apply to a manufacturer,
1 19 assembler, designer, supplier of specifications, seller, or
1 20 distributor of a product who is subject to a federal consent
1 21 decree, order, or agreement recalling the product or
1 22 prohibiting the sale or further manufacture of the product.
1 23 This subsection does not apply in cases of fraud or
1 24 intentional misrepresentation by a manufacturer, assembler,
1 25 designer, supplier of specifications, seller, or distributor.
1 26 Sec. 2. NEW SECTION. 668.3A IMMUNITY DUE TO MISUSE,
1 27 FAILURE TO MAINTAIN, OR ALTERATION.
1 28 In an action seeking recovery of damages for personal
1 29 injury, death, or property damage alleged to have been caused
1 30 by a product, no fault shall be allocated to a manufacturer,
1 31 assembler, designer, supplier of specifications, seller, or
1 32 distributor, where the proximate cause of the injury, death,
1 33 or property damage was a misuse of the product by the
1 34 plaintiff or some third person or was a failure by the
1 35 plaintiff or some third person to properly maintain, service,
2 1 or repair the product or was due to an alteration,
2 2 modification, or change in the product which was made by a
2 3 person other than, and without the direction or consent of,
2 4 the manufacturer, assembler, designer, supplier of
2 5 specifications, seller, or distributor from whom recovery of
2 6 damages is being sought.
2 7 This section does not apply to a manufacturer, assembler,
2 8 designer, supplier of specifications, seller, or distributor
2 9 of a product who is subject to a federal consent decree,
2 10 order, or agreement recalling the product or prohibiting the
2 11 sale or further manufacture of the product.
2 12 Sec. 3. APPLICABILITY. This Act applies only to causes of
2 13 action accruing on or after July 1, 1997.
2 14 EXPLANATION
2 15 This bill establishes a statute of repose for a products
2 16 liability action is 10 years from the date the product is
2 17 first purchased, leased, bailed, or otherwise installed for
2 18 use of consumption. The bill provides that where misuse,
2 19 failure to maintain, or unauthorized alteration of a product
2 20 is the proximate cause of injury, the manufacturer, assembler,
2 21 designer, supplier of specifications, seller, or distributor
2 22 from whom recovery of damages is being sought shall not have
2 23 any percentage of fault allocated against them under Iowa's
2 24 comparative fault law. The bill provides that the 10-year
2 25 limitation and the immunity due to misuse, failure to
2 26 maintain, or alteration provisions do not apply to a
2 27 manufacturer, assembler, designer, supplier of specifications,
2 28 seller, or distributor of a product who is subject to a
2 29 federal consent decree, order, or agreement recalling the
2 30 product or prohibiting the sale or further manufacture of the
2 31 product.
2 32 The bill is applicable only to a cause of action accruing
2 33 on or after July 1, 1997.
2 34 LSB 1425HC 77
2 35 mj/jj/8
Text: HSB00141 Text: HSB00143 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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