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House Journal: Page 949: Tuesday, April 1, 1997

 2     1.  Page 8, by striking lines 1 through 32.
 3     2.  Title page, line 4, by striking the words
 4   "comparative fault in consortium claims,".
 5     3.  By renumbering as necessary.
Amendment H-1458 lost.
Jenkins of Black Hawk offered amendment H-1483 filed by him as
follows:

H-1483

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

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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Last update: Wed Apr 2 13:40:03 CST 1997
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