Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 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 DEFENSE1 4 DEFENSES. 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. In any action brought pursuant to this chapter against 1 24 an assembler, designer, supplier of specifications, 1 25 distributor, manufacturer, or seller for damages arising from 1 26 an alleged defect in packaging, warning, or labeling of a 1 27 product, such persons may reasonably assume that any 1 28 instructions or warnings will be read and heeded. A product 1 29 bearing or accompanied by such a warning or instruction, that 1 30 is safe for use if the warning or instruction is followed, 1 31 shall not be defective for failure to warn or instruct. 1 32 4. In any action brought pursuant to this chapter against 1 33 an assembler, designer, supplier or specifications, 1 34 distributor, manufacturer, or seller for damages arising from 1 35 an alleged defect in the design which allegedly enhanced 2 1 injuries, and all actions involving the crashworthiness of a 2 2 product, evidence of the injured person's conduct is 2 3 admissible in court and the injured person's comparative fault 2 4 should be assessed. 2 5 5. An assembler, designer, supplier of specifications, 2 6 distributor, manufacturer, or seller shall not be subject to 2 7 liability for any alleged civil conspiracy claim based upon 2 8 negligent conduct. 2 9 6. Nothing contained in this section shall diminish the 2 10 duty of an assembler, designer, supplier of specifications, 2 11 distributor, manufacturer, or seller to warn concerning 2 12 subsequently acquired knowledge of a defect or dangerous 2 13 condition that would render the product unreasonably dangerous 2 14 for its foreseeable use or diminish the liability for failure 2 15 to so warn. 2 16 EXPLANATION 2 17 This bill relates to product liability actions. 2 18 The bill provides that an assembler, designer, supplier of 2 19 specifications, distributor, manufacturer, or seller shall not 2 20 be subject to liability for failure-to-warn claims in product 2 21 liability actions for obvious or generally known product risks 2 22 and risk-avoidance measures. The bill further provides that 2 23 when there is a question as to whether the risk or risk- 2 24 avoidance measure was obvious or generally known, the issue 2 25 shall be decided by the trier of fact. 2 26 The bill provides that in any action against an assembler, 2 27 designer, supplier of specifications, distributor, 2 28 manufacturer, or seller, such persons may reasonably assume 2 29 that any instructions or warnings will be read and heeded. A 2 30 product with such a warning or instruction that is safe for 2 31 use if the warning or instruction is followed shall not be 2 32 defective for failure to warn or instruct. 2 33 The bill provides that in any action against such persons 2 34 for damages arising from a defective design which allegedly 2 35 enhanced injuries and all actions involving the 3 1 crashworthiness of a produce, evidence of the injured person's 3 2 conduct is admissible in court and the injured person's 3 3 comparative fault should be assessed. 3 4 The bill further provides that such persons shall not be 3 5 subject to liability for any alleged civil conspiracy claim 3 6 based upon negligent conduct. 3 7 LSB 2660YH 80 3 8 rh/cf/24
Text: HF00426 Text: HF00428 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 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 Mar 17 03:30:23 CST 2004
URL: /DOCS/GA/80GA/Legislation/HF/00400/HF00427/030305.html
jhf