Text: SF00483 Text: SF00485 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 4NONMANUFACTURERSWHOLESALERS, 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
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00400/SF00484/010319.html
jhf