Text: HF02169 Text: HF02171 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2170 1 2 1 3 AN ACT 1 4 RELATING TO PRODUCT LIABILITY ACTIONS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 668.12, Code 2003, is amended to read 1 9 as follows: 1 10 668.12 LIABILITY FOR PRODUCTS –STATE OF THE ART DEFENSE1 11 DEFENSES. 1 12 1. In any action brought pursuant to this chapter against 1 13 an assembler, designer, supplier of specifications, 1 14 distributor, manufacturer, or seller for damages arising from 1 15 an alleged defect in the design, testing, manufacturing, 1 16 formulation, packaging, warning, or labeling of a product, a 1 17 percentage of fault shall not be assigned to such persons if 1 18 they plead and prove that the product conformed to the state 1 19 of the art in existence at the time the product was designed, 1 20 tested, manufactured, formulated, packaged, provided with a 1 21 warning, or labeled. 1 22 2. Nothing contained inthis sectionsubsection 1 shall 1 23 diminish the duty of an assembler, designer, supplier of 1 24 specifications, distributor, manufacturer or seller to warn 1 25 concerning subsequently acquired knowledge of a defect or 1 26 dangerous condition that would render the product unreasonably 1 27 dangerous for its foreseeable use or diminish the liability 1 28 for failure to so warn. 1 29 3. An assembler, designer, supplier of specifications, 1 30 distributor, manufacturer, or seller shall not be subject to 1 31 liability for failure to warn regarding risks and risk- 1 32 avoidance measures that should be obvious to, or generally 1 33 known by, foreseeable product users. When reasonable minds 1 34 may differ as to whether the risk or risk-avoidance measure 1 35 was obvious or generally known, the issues shall be decided by 2 1 the trier of fact. 2 2 4. In any action brought pursuant to this chapter against 2 3 an assembler, designer, supplier of specifications, 2 4 distributor, manufacturer, or seller for damages arising from 2 5 an alleged defect in packaging, warning, or labeling of a 2 6 product, a product bearing or accompanied by a reasonable and 2 7 visible warning or instruction that is reasonably safe for use 2 8 if the warning or instruction is followed shall not be deemed 2 9 defective or unreasonably dangerous on the basis of failure to 2 10 warn or instruct. When reasonable minds may differ as to 2 11 whether the warning or instruction is reasonable and visible, 2 12 the issues shall be decided by the trier of fact. 2 13 2 14 2 15 2 16 CHRISTOPHER C. RANTS 2 17 Speaker of the House 2 18 2 19 2 20 2 21 JEFFREY M. LAMBERTI 2 22 President of the Senate 2 23 2 24 I hereby certify that this bill originated in the House and 2 25 is known as House File 2170, Eightieth General Assembly. 2 26 2 27 2 28 2 29 MARGARET THOMSON 2 30 Chief Clerk of the House 2 31 Approved , 2004 2 32 2 33 2 34 2 35 THOMAS J. VILSACK 3 1 Governor
Text: HF02169 Text: HF02171 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2004 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: Fri Apr 16 03:30:22 CDT 2004
URL: /DOCS/GA/80GA/Legislation/HF/02100/HF02170/040331.html
jhf