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House Amendment 1188

Amendment Text

PAG LIN
  1  1    Amend House File 587 as follows:
  1  2    #1.  Page 1, by inserting before line 1, the
  1  3 following:
  1  4    "Section 1.  Section 613.18, Code 2003, is amended
  1  5 to read as follows:
  1  6    613.18  LIMITATION ON PRODUCTS LIABILITY OF
  1  7 NONMANUFACTURERS WHOLESALERS, RETAILERS, DISTRIBUTORS,
  1  8 AND SELLERS OF PRODUCTS.
  1  9    1.  A person who is not the assembler, designer, or
  1 10 manufacturer, and who wholesales, retails,
  1 11 distributes, or otherwise sells a product is:
  1 12    a.  Immune from any suit based upon strict
  1 13 liability in tort or breach of implied warranty of
  1 14 merchantability which arises solely from an alleged
  1 15 defect in the original design or manufacture of the
  1 16 product but only if the assembler, designer, or
  1 17 manufacturer is either domiciled in the United States
  1 18 or is subject to the jurisdiction of the courts of
  1 19 this state and has not been judicially declared
  1 20 insolvent.
  1 21    b.  Not liable for damages based upon strict
  1 22 liability in tort or breach of implied warranty of
  1 23 merchantability for the product upon proof that the
  1 24 assembler, designer, or manufacturer is domiciled in
  1 25 the United States or is subject to the jurisdiction of
  1 26 the courts of this state and has not been judicially
  1 27 declared insolvent.
  1 28    2.  A person who is a retailer of a product and who
  1 29 assembles a product, such assembly having no causal
  1 30 relationship to the injury from which the claim
  1 31 arises, is not liable for damages based upon strict
  1 32 liability in tort or breach of implied warranty of
  1 33 merchantability which arises from an alleged defect in
  1 34 the original design or manufacture of the product upon
  1 35 proof that the assembler, designer, or manufacturer is
  1 36 domiciled in the United States or is subject to the
  1 37 jurisdiction of the courts of this state and has not
  1 38 been judicially declared insolvent.
  1 39    3.  An action brought pursuant to this section,
  1 40 where the claimant certifies that the assembler,
  1 41 designer, or manufacturer of the product is not yet
  1 42 identifiable, tolls the statute of limitations against
  1 43 such assembler, designer, or manufacturer until such
  1 44 time as discovery in the case has identified the
  1 45 assembler, designer, or manufacturer.
  1 46    4.  Any person entitled to immunity or limited
  1 47 liability under this section, who knowingly
  1 48 misrepresents to the public that the product at issue
  1 49 is assembled, designed, or manufactured in the United
  1 50 States shall not be entitled to immunity or limited
  2  1 liability."
  2  2    #2.  By renumbering as necessary.  
  2  3 
  2  4 
  2  5                               
  2  6 SWAIM of Davis
  2  7 HF 587.502 80
  2  8 rh/pj
     

Text: H01187                            Text: H01189
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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