House File 587
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 427)
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 2660HV 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. Nothing contained in this section subsection 1 shall
1 16 diminish the duty of an assembler, designer, supplier of
1 17 specifications, distributor, manufacturer or seller to warn
1 18 concerning subsequently acquired knowledge of a defect or
1 19 dangerous condition that would render the product unreasonably
1 20 dangerous for its foreseeable use or diminish the liability
1 21 for failure to so warn.
1 22 3. An assembler, designer, supplier of specifications,
1 23 distributor, manufacturer, or seller shall not be subject to
1 24 liability for failure to warn regarding risks and risk=
1 25 avoidance measures that should be obvious to, or generally
1 26 known by, foreseeable product users. When reasonable minds
1 27 may differ as to whether the risk or risk=avoidance measure
1 28 was obvious or generally known, the issues shall be decided by
1 29 the trier of fact.
1 30 4. In any action brought pursuant to this chapter against
1 31 an assembler, designer, supplier of specifications,
1 32 distributor, manufacturer, or seller for damages arising from
1 33 an alleged defect in packaging, warning, or labeling of a
1 34 product, a product bearing or accompanied by a warning or
1 35 instruction that is reasonably safe for use if the warning or
2 1 instruction is followed shall not be deemed defective or
2 2 unreasonably dangerous on the basis of failure to warn or
2 3 instruct.
2 4 5. In any action brought pursuant to this chapter against
2 5 an assembler, designer, supplier or specifications,
2 6 distributor, manufacturer, or seller for damages arising from
2 7 an alleged defect in the design which allegedly enhanced
2 8 injuries, or any action alleging the crashworthiness of a
2 9 product, evidence of the user's or injured person's fault
2 10 shall be admissible and, subject to the provisions of section
2 11 668.2, shall be compared if such fault was a substantial
2 12 factor in causing the underlying accident or event producing
2 13 any injury to the claimant, including an enhanced injury.
2 14 6. An assembler, designer, supplier of specifications,
2 15 distributor, manufacturer, or seller shall not be subject to
2 16 liability under a theory of civil conspiracy unless such
2 17 persons knowingly entered into a conspiracy with an intent to
2 18 commit an unlawful act which causes harm.
2 19 EXPLANATION
2 20 This bill relates to product liability actions.
2 21 The bill provides that an assembler, designer, supplier of
2 22 specifications, distributor, manufacturer, or seller shall not
2 23 be subject to liability for failure=to=warn claims in product
2 24 liability actions for product risks and risk=avoidance
2 25 measures obvious to or generally known by foreseeable product
2 26 users. The bill further provides that when there is a
2 27 question as to whether the risk or risk=avoidance measure was
2 28 obvious or generally known, the issue shall be decided by the
2 29 trier of fact.
2 30 The bill provides that in any action against an assembler,
2 31 designer, supplier of specifications, distributor,
2 32 manufacturer, or seller for damages arising from an alleged
2 33 defect in packaging, warning, or labeling of a product, a
2 34 product bearing or accompanied by a warning or instruction
2 35 that is reasonably safe for use if the warning or instruction
3 1 is followed shall not be deemed defective or unreasonably
3 2 dangerous on the basis of failure to warn or instruct.
3 3 The bill provides that in any action against such persons
3 4 for damages arising from a defective design which allegedly
3 5 enhanced injuries or any action alleging the crashworthiness
3 6 of a product, evidence of the injured person's conduct is
3 7 admissible in court and the injured person's comparative fault
3 8 should be assessed if such fault was a substantial factor in
3 9 causing the underlying accident or event producing any injury
3 10 to the claimant.
3 11 The bill further provides that such persons shall not be
3 12 subject to liability for any alleged civil conspiracy claim
3 13 unless such persons knowingly entered into a conspiracy with
3 14 an intent to commit an unlawful act which causes harm.
3 15 LSB 2660HV 80
3 16 rh/cf/24