Text: HF00077 Text: HF00079 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 668.12, Code 2003, is amended to read
1 2 as follows:
1 3 668.12 LIABILITY FOR PRODUCTS – STATE OF THE ART DEFENSE
1 4 AND FAILURE TO WARN.
1 5 1. In any action brought pursuant to this chapter against
1 6 an assembler, designer, supplier of specifications,
1 7 distributor, manufacturer, or seller for damages arising from
1 8 an alleged defect in the design, testing, manufacturing,
1 9 formulation, packaging, warning, or labeling of a product, a
1 10 percentage of fault shall not be assigned to such persons if
1 11 they plead and prove that the product conformed to the state
1 12 of the art in existence at the time the product was designed,
1 13 tested, manufactured, formulated, packaged, provided with a
1 14 warning, or labeled.
1 15 2. An assembler, designer, supplier of specifications,
1 16 distributor, manufacturer, or seller shall not be subject to
1 17 liability for failure to warn regarding risks and risk-
1 18 avoidance measures that should be obvious to, or generally
1 19 known by, foreseeable product users. When reasonable minds
1 20 may differ as to whether the risk or risk-avoidance measure
1 21 was obvious or generally known, the issues shall be decided by
1 22 the trier of fact.
1 23 3. Nothing contained in this section shall diminish the
1 24 duty of an assembler, designer, supplier of specifications,
1 25 distributor, manufacturer, or seller to warn concerning
1 26 subsequently acquired knowledge of a defect or dangerous
1 27 condition that would render the product unreasonably dangerous
1 28 for its foreseeable use or diminish the liability for failure
1 29 to so warn.
1 30 EXPLANATION
1 31 This bill provides that an assembler, designer, supplier of
1 32 specifications, distributor, manufacturer, or seller shall not
1 33 be subject to liability for failure-to-warn claims in product
1 34 liability actions for obvious or generally known product risks
1 35 and risk-avoidance measures. The bill further provides that
2 1 when there is a question as to whether the risk or risk-
2 2 avoidance measure was obvious or generally known, the issue
2 3 shall be decided by the trier of fact.
2 4 LSB 1294YH 80
2 5 rh/cf/24
Text: HF00077 Text: HF00079 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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