House Amendment 1188
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
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