Bill Text: IA SSB3013 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to product liability actions, including defenses.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-10 - Subcommittee: Garrett, Boulton, and Webster. [SSB3013 Detail]
Download: Iowa-2023-SSB3013-Introduced.html
Senate
Study
Bill
3013
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
product
liability
actions,
including
1
defenses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
613.18,
Code
2024,
is
amended
to
read
as
1
follows:
2
613.18
Limitation
on
products
liability
of
nonmanufacturers.
3
1.
A
person
who
is
not
the
assembler,
designer,
or
actual
4
manufacturer,
and
who
wholesales,
retails,
distributes,
or
5
otherwise
sells
,
leases,
or
rents
a
product
is:
6
a.
Immune
from
any
suit
based
upon
strict
liability
in
7
tort
or
breach
of
implied
warranty
of
merchantability
product
8
liability
action
which
arises
solely
from
an
alleged
defect
in
9
the
original
design
or
manufacture
of
the
product.
10
b.
Not
liable
for
damages
based
upon
strict
liability
in
11
tort
or
breach
of
implied
warranty
of
merchantability
for
the
12
product
in
any
product
liability
action
upon
proof
that
the
13
actual
manufacturer
is
subject
to
the
jurisdiction
of
the
14
courts
of
this
state
and
has
not
been
judicially
declared
15
insolvent.
16
c.
Not
liable
for
damages
in
any
product
liability
action
17
which
arises
from
an
alleged
defect
or
negligent
action
or
18
inaction
in
packaging,
warning,
or
labeling
of
a
product,
19
unless
the
person
exercised
substantial
control
over
the
20
packaging,
warning,
or
labeling
of
the
product
and
took
action
21
with
respect
to
the
packaging,
warning,
or
labeling
of
the
22
product
that
was
a
proximate
cause
of
the
injury
from
which
the
23
claim
arises.
24
2.
A
person
who
is
a
retailer
of
a
product
and
who
assembles
25
a
product,
such
assembly
having
no
causal
relationship
to
the
26
injury
from
which
the
claim
arises,
is
not
liable
for
damages
27
based
upon
strict
liability
in
tort
or
breach
of
implied
28
warranty
of
merchantability
which
arises
from
an
alleged
29
defect
in
the
original
design
or
manufacture
of
the
product
30
in
any
product
liability
action
upon
proof
that
the
actual
31
manufacturer
is
subject
to
the
jurisdiction
of
the
courts
of
32
this
state
and
has
not
been
judicially
declared
insolvent.
33
3.
An
action
brought
pursuant
to
this
section
,
where
the
34
claimant
certifies
that
the
actual
manufacturer
of
the
product
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is
not
yet
identifiable,
tolls
the
statute
of
limitations
1
against
such
actual
manufacturer
until
such
time
as
discovery
2
in
the
case
has
identified
the
actual
manufacturer.
3
4.
As
used
in
this
section,
“product
liability
action”
4
means
any
action
brought
against
a
manufacturer
or
seller
of
a
5
product,
regardless
of
the
substantive
legal
theory
or
theories
6
on
which
the
action
is
brought,
for
or
on
account
of
personal
7
injury,
death,
or
property
damage
caused
by
or
resulting
8
from
the
manufacture,
construction,
design,
formulation,
9
installation,
preparation,
assembly,
testing,
packaging,
10
warning,
labeling,
or
sale
of
any
product,
the
failure
to
warn
11
or
protect
against
a
danger
or
hazard
in
the
use,
misuse,
or
12
unintended
use
of
any
product,
or
the
failure
to
provide
proper
13
instructions
for
the
use
of
any
product.
14
Sec.
2.
Section
668.12,
subsections
1
and
4,
Code
2024,
are
15
amended
to
read
as
follows:
16
1.
In
any
product
liability
action
brought
pursuant
to
17
this
chapter
against
an
assembler,
designer,
supplier
of
18
specifications,
distributor,
manufacturer,
or
seller
for
19
damages
arising
from
an
alleged
defect
or
negligent
action
or
20
inaction
in
the
design,
testing,
manufacturing,
formulation,
21
packaging,
warning,
or
labeling
of
a
product,
a
percentage
22
of
fault
shall
not
be
assigned
to
such
persons
if
they
plead
23
and
prove
that
the
product
conformed
to
the
state
of
the
art
24
in
existence
at
the
time
the
product
was
designed,
tested,
25
manufactured,
formulated,
packaged,
provided
with
a
warning,
26
or
labeled.
27
4.
In
any
product
liability
action
brought
pursuant
to
28
this
chapter
against
an
assembler,
designer,
supplier
of
29
specifications,
distributor,
manufacturer,
or
seller
for
30
damages
arising
from
an
alleged
defect
or
negligent
action
31
or
inaction
in
packaging,
warning,
or
labeling
of
a
product,
32
a
product
bearing
or
accompanied
by
a
reasonable
and
visible
33
warning
or
instruction
that
is
reasonably
safe
for
use
if
34
the
warning
or
instruction
is
followed
shall
not
be
deemed
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defective
or
unreasonably
dangerous
on
the
basis
of
failure
1
to
warn
or
instruct.
When
reasonable
minds
may
differ
as
to
2
whether
the
warning
or
instruction
is
reasonable
and
visible,
3
the
issues
shall
be
decided
by
the
trier
of
fact.
4
Sec.
3.
Section
668.12,
Code
2024,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
5.
In
any
product
liability
action
brought
7
against
an
assembler,
designer,
supplier
of
specifications,
8
distributor,
manufacturer,
or
seller
for
damages
arising
from
9
an
alleged
unreasonable
condition
or
defect
in
the
design,
10
testing,
manufacturing,
formulation,
packaging,
warning,
or
11
labeling
of
a
product,
it
shall
be
rebuttably
presumed
that
the
12
product
which
caused
the
injury,
death,
or
property
damage
was
13
not
in
a
defective
condition
that
is
unreasonably
dangerous
14
and
that
the
manufacturer
or
seller
of
the
product
was
not
15
negligent,
and
the
jury
shall
be
informed
of
this
presumption,
16
if
at
the
time
the
product
was
first
sold
or
leased
to
any
17
person
or
otherwise
placed
into
the
stream
of
commerce
any
of
18
the
following
is
true:
19
a.
The
product’s
formula,
manufacture,
design,
labeling,
20
warning,
or
instructions
complied
with
mandatory
safety
21
statutes,
standards,
or
regulations
adopted
by
the
federal
22
or
state
government
or
an
agency
of
the
federal
or
state
23
government
that
were
applicable
to
the
product
at
the
time
24
of
its
manufacture
and
that
addressed
the
product
risk
that
25
allegedly
caused
harm.
26
b.
The
product
was
subject
to
premarket
licensing
or
27
approval
by
the
federal
or
state
government
or
an
agency
of
28
the
federal
or
state
government,
the
seller
complied
with
all
29
of
the
government’s
or
agency’s
procedures
and
requirements
30
pertaining
to
premarketing
licensing
or
approval,
and
the
31
product
was
approved
or
licensed
for
sale
by
the
government
or
32
agency.
33
c.
The
product
was
a
drug
or
medical
device
approved
34
for
safety
and
efficacy
by
the
United
States
food
and
drug
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administration,
and
that
the
product
was
in
compliance,
in
1
addition
to
its
labeling,
with
the
United
States
food
and
drug
2
administration’s
approval
at
the
time
the
product
left
the
3
control
of
the
seller
and
was
not
sold
in
the
United
States
4
after
the
effective
date
of
any
order
of
the
United
States
food
5
and
drug
administration
to
remove
the
product
at
issue
from
the
6
market
or
to
withdraw
its
approval.
7
NEW
SUBSECTION
.
6.
As
used
in
this
section,
“product
8
liability
action”
means
the
same
as
defined
in
section
613.18,
9
subsection
4.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
civil
liability
in
product
liability
14
actions.
The
bill
defines
the
term
“product
liability
action”
15
to
mean
any
action
brought
against
a
manufacturer
or
seller
16
of
a
product,
regardless
of
the
substantive
legal
theory
or
17
theories
on
which
the
action
is
brought,
for
or
on
account
18
of
personal
injury,
death,
or
property
damage
caused
by
19
or
resulting
from
the
manufacture,
construction,
design,
20
formulation,
installation,
preparation,
assembly,
testing,
21
packaging,
warning,
labeling,
or
sale
of
any
product,
the
22
failure
to
warn
or
protect
against
a
danger
or
hazard
in
the
23
use,
misuse,
or
unintended
use
of
any
product,
or
the
failure
24
to
provide
proper
instructions
for
the
use
of
any
product.
25
The
bill
expands
the
protections
of
product
liability
for
26
nonmanufacturers
to
include
a
person
who
leases
or
rents
a
27
product,
removes
the
strict
liability
in
tort
or
breach
of
28
implied
warranty
of
merchantability
standard,
and
provides
29
protection
for
damages
from
an
alleged
defect
or
negligent
30
action
or
inaction
in
packaging,
warning,
or
labeling
of
a
31
product.
32
The
bill
enlarges
the
scope
for
defenses
to
product
33
liability
available
to
an
assembler,
designer,
supplier
34
of
specifications,
distributor,
manufacturer,
or
seller
to
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include
negligent
action
or
inaction
in
the
design
testing,
1
manufacturing,
formulation,
packaging,
warning,
or
labeling
2
of
a
product.
The
bill
also
includes
additional
defenses
3
for
an
assembler,
designer,
supplier
of
specifications,
4
distributor,
manufacturer,
or
seller
for
damages
arising
from
5
an
alleged
defect
or
negligent
action
or
inaction
in
packaging,
6
warning,
or
labeling
of
a
product,
if
the
product
bears
or
is
7
accompanied
by
visible
warning
or
instruction
that
is
safe
for
8
use
if
the
warning
or
instruction
is
followed.
9
The
bill
provides
a
rebuttable
presumption
for
a
product
10
that
causes
harm
that
the
product
was
not
in
a
defective
11
condition
that
is
unreasonably
dangerous
and
that
the
12
manufacturer
or
seller
thereof
was
not
negligent,
if
at
the
13
time
the
product
was
first
sold
or
leased
any
of
the
following
14
are
true:
(1)
the
product’s
formula,
manufacture,
design,
15
labeling,
warning,
or
instructions
complied
with
mandatory
16
safety
statutes,
standards,
or
regulations
adopted
by
the
17
federal
or
state
government
or
an
agency
of
the
federal
or
18
state
government
that
were
applicable
to
the
product,
(2)
the
19
product
was
subject
to
premarket
licensing
or
approval
by
the
20
federal
or
state
government
or
an
agency
of
the
federal
or
21
state
government,
the
seller
complied,
and
the
product
was
22
approved
or
licensed
for
sale,
or
(3)
the
product
was
a
drug
or
23
medical
device
approved
for
safety
and
efficacy
by
the
United
24
States
food
and
drug
administration,
and
that
the
product
was
25
in
compliance
with
such
approval
when
the
product
left
control
26
of
the
seller.
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