Text: SF00483                           Text: SF00485
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 484

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 613.18, Code 2001, is amended to read
  1  2 as follows:
  1  3    613.18  LIMITATION ON PRODUCTS LIABILITY OF
  1  4 NONMANUFACTURERS WHOLESALERS, RETAILERS, DISTRIBUTORS, AND
  1  5 SELLERS OF PRODUCTS.
  1  6    1.  A person who is not the assembler, designer, or
  1  7 manufacturer, and who wholesales, retails, distributes, or
  1  8 otherwise sells a product is:
  1  9    a.  Immune from any suit based upon strict liability in
  1 10 tort or breach of implied warranty of merchantability which
  1 11 arises solely from an alleged defect in the original design or
  1 12 manufacture of the product but only if the assembler,
  1 13 designer, or manufacturer is either domiciled in the United
  1 14 States or is subject to the jurisdiction of the courts of this
  1 15 state and has not been judicially declared insolvent.
  1 16    b.  Not liable for damages based upon strict liability in
  1 17 tort or breach of implied warranty of merchantability for the
  1 18 product upon proof that the assembler, designer, or
  1 19 manufacturer is domiciled in the United States or is subject
  1 20 to the jurisdiction of the courts of this state and has not
  1 21 been judicially declared insolvent.
  1 22    2.  A person who is a retailer of a product and who
  1 23 assembles a product, such assembly having no causal
  1 24 relationship to the injury from which the claim arises, is not
  1 25 liable for damages based upon strict liability in tort or
  1 26 breach of implied warranty of merchantability which arises
  1 27 from an alleged defect in the original design or manufacture
  1 28 of the product upon proof that the assembler, designer, or
  1 29 manufacturer is domiciled in the United States or is subject
  1 30 to the jurisdiction of the courts of this state and has not
  1 31 been judicially declared insolvent.
  1 32    3.  An action brought pursuant to this section, where the
  1 33 claimant certifies that the assembler, designer, or
  1 34 manufacturer of the product is not yet identifiable, tolls the
  1 35 statute of limitations against such assembler, designer, or
  2  1 manufacturer until such time as discovery in the case has
  2  2 identified the assembler, designer, or manufacturer.
  2  3    4.  Any person entitled to immunity or limited liability
  2  4 under this section, who knowingly misrepresents to the public
  2  5 that the product at issue is assembled, designed, or
  2  6 manufactured in the United States shall not be entitled to
  2  7 immunity or limited liability.  
  2  8                           EXPLANATION
  2  9    This bill limits the immunity granted to wholesalers,
  2 10 retailers, distributors, or other sellers of products when the
  2 11 assemblers, designers, or manufacturers of the products are
  2 12 not domiciled in the United States or are not subject to the
  2 13 jurisdiction of the Iowa courts and have not been judicially
  2 14 declared insolvent.  The bill further provides that
  2 15 wholesalers, retailers, distributors, or other sellers of
  2 16 products who falsely represent that a product is made in the
  2 17 United States shall not be entitled to immunity or limited
  2 18 liability.  
  2 19 LSB 1899SV 79
  2 20 rh/pj/5
     

Text: SF00483                           Text: SF00485
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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