House File 78 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 failure=to=warn claims in product liability 2 actions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1294YH 80 5 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 AND FAILURE TO WARN. 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. Nothing contained in this section shall diminish the 1 24 duty of an assembler, designer, supplier of specifications, 1 25 distributor, manufacturer, or seller to warn concerning 1 26 subsequently acquired knowledge of a defect or dangerous 1 27 condition that would render the product unreasonably dangerous 1 28 for its foreseeable use or diminish the liability for failure 1 29 to so warn. 1 30 EXPLANATION 1 31 This bill provides that an assembler, designer, supplier of 1 32 specifications, distributor, manufacturer, or seller shall not 1 33 be subject to liability for failure=to=warn claims in product 1 34 liability actions for obvious or generally known product risks 1 35 and risk=avoidance measures. The bill further provides that 2 1 when there is a question as to whether the risk or risk= 2 2 avoidance measure was obvious or generally known, the issue 2 3 shall be decided by the trier of fact. 2 4 LSB 1294YH 80 2 5 rh/cf/24