House File 427
HOUSE FILE
BY EICHHORN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to product liability actions.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2660YH 80
4 rh/cf/24
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 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