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