§ 668.12

668.12 Liability for products — defenses. 1. In any action brought pursuant to this chapter against an assembler, designer, supplier of specifications, distributor, manufacturer, or seller for damages arising from an allegeddefect in the design, testing, manufacturing, formulation, packaging, warning, or labeling ofa product, a percentage of fault shall not be assigned to such persons if they plead and provethat the product conformed to the state of the art in existence at the time the product wasdesigned, tested, manufactured, formulated, packaged, provided with a warning, or labeled. 2. Nothing contained in subsection 1 shall diminish the duty of an assembler, designer, supplier of specifications, distributor, manufacturer, or seller to warn concerningsubsequently acquired knowledge of a defect or dangerous condition that would render theproduct unreasonably dangerous for its foreseeable use or diminish the liability for failureto so warn. 3. An assembler, designer, supplier of specifications, distributor, manufacturer, or seller shall not be subject to liability for failure to warn regarding risks and risk-avoidance measuresthat should be obvious to, or generally known by,

specifications, distributor, manufacturer, or seller shall not be subject to liability for failure to warn regarding risks and risk-avoidance measuresthat should be obvious to, or generally known by, foreseeable product users. When reasonableminds may differ as to whether the risk or risk-avoidance measure was obvious or generallyknown, the issues shall be decided by the trier of fact. 4. In any action brought pursuant to this chapter against an assembler, designer, supplier of specifications, distributor, manufacturer, or seller for damages arising from an allegeddefect in packaging, warning, or labeling of a product, a product bearing or accompanied bya reasonable and visible warning or instruction that is reasonably safe for use if the warningor instruction is followed shall not be deemed defective or unreasonably dangerous on thebasis of failure to warn or instruct. When reasonable minds may differ as to whether thewarning or instruction is reasonable and visible, the issues shall be decided by the trier offact. 86 Acts, ch 1211, §41; 2004 Acts, ch 1050, §1Referred to in §683.1 Sat Dec 23 12:24:08 2023 Iowa Code 2024, Section 668.12 (18, 0)