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House Journal: Page 932: Tuesday, April 1, 1997

11   product based upon an alleged defect in the design,
12   inspection, testing, manufacturing, formulation,
13   marketing, packaging, warning, labeling of the
14   product, or any other alleged defect or failure of
15   whatever nature or kind, based on the theories of
16   strict liability in tort, negligence, or breach of an
17   implied warranty shall not be commenced more than
18   twelve years after the product was first purchased,
19   leased, bailed, or installed for use or consumption
20   unless expressly warranted for a longer period of time
21   by the manufacturer, assembler, designer, supplier of
22   specifications, seller, lessor, or distributor of the
23   product.  This subsection shall not affect the time
24   during which a person found liable may seek and obtain
25   contribution or indemnity from another person whose
26   actual fault caused a product to be defective.  This
27   subsection shall not apply if the manufacturer,
28   assembler, designer, supplier of specifications,
29   seller, lessor, or distributor of the product
30   intentionally misrepresents facts about the product or
31   fraudulently conceals information about the product
32   and that conduct was a substantial cause of the
33   claimant's harm."
34     2.  By renumbering as necessary.
Lamberti of Polk offered the following amendment H-1515, to
amendment H-1480, filed by him from the floor and moved its
adoption:

H-1515

 1     Amend the amendment, H-1480, to House File 693 as
 2   follows:
 3     1.  Page 1, by striking line 7 and inserting the
 4   following:
 5     "a.  Those founded on the death of a person or
 6   injuries to".
 7     2.  Page 1, by striking line 33 and inserting the
 8   following:  "claimant's harm.
 9     b.  (1)  The twelve-year limitation in paragraph
10   "a" shall not apply to the time period in which to
11   discover a disease that is latent and caused by
12   exposure to a harmful material, in which event the
13   action shall be deemed to have accrued when the
14   disease and such disease's cause have been made known
15   to the person or at the point the person should have
16   been aware of the disease and such disease's cause.
17     (2)  As used in this paragraph, "harmful material"
18   means silicon gel breast implants, which were
19   implanted prior to July 12, 1992; and chemical
20   substances commonly known as asbestos, dioxins,
21   tobacco, or polychlorinated biphenyls, whether alone
22   or as part of any product; or any substance which is
23   determined to present an unreasonable risk of injury

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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