Iowa Code

Iowa Code § 554.2318 (2026)

Third party beneficiaries of warranties express or implied

✓ current as of July 2026
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A seller’s warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty extends. [C66, 71, 73, 75, 77, 79, 81, §554.2318]\n\nTue Dec 09 22:02:40 2025 Iowa Code 2026, Chapter 554 (108, 4) §554.2319, UNIFORM COMMERCIAL CODE 34

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Notes of Decisions
Cited in 14 cases, 1975–2016 · leading case: Des Moines Flying Serv., Inc. v. Aerial Servs. Inc. Cedar Valley Aviation, LLC & Kirk P. Fisher, 880 N.W.2d 212 (Iowa 2016).
Des Moines Flying Serv., Inc. v. Aerial Servs. Inc. Cedar Valley Aviation, LLC & Kirk P. Fisher, 880 N.W.2d 212 (Iowa 2016). · cites it 20× “On July 13, 2012, Piper moved for summary judgment, claiming the economic loss doctrine barred recovery of economic damages against Piper, citing Iowa Code section 554.2318 (2009) (limiting third-party warranty recovery to one “who is injured by breach of the warranty”).”
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011). · cites it 27× “2313 explains how an express warranty for goods is created, Iowa Code § 554.2318 does not extend the reach of such a warranty to third-party beneficiaries, such as Midwest Farmers Cooperative, who have suffered only economic loss, because the Iowa Supreme Court has interpreted…”
Nebraska Innkeepers, Inc. v. Pittsburgh-Des Moines Corp., 345 N.W.2d 124 (Iowa 1984). · cites it 8× “Plaintiffs’ petition alleged that defendant breached its warranties of merchantability and fitness for particular purposes in regard to the steel structural members of the bridge and that plaintiffs, as third party beneficiaries pursuant to the Uniform Commercial Code, Iowa Code…”
City of Perry v. Procter & Gamble Co., 188 F. Supp. 3d 276 (S.D.N.Y. 2016). · cites it 3× “” Iowa Code § 554.2318 ; see also id. § 554.”
Cunningham v. Kartridg Pak Co., 332 N.W.2d 881 (Iowa 1983). · cites it 4× “§ 2-318, comment 3 (1977) (“The third alternative [ Iowa Code § 554.2318 (1981) ] ... follows the trend of modern decisions as indicated by Restatement of Torts 2d § 402A.”
Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812 (N.D. Iowa 1997). · cites it 2× “The court farther finds that the representations made by Cedarapids’ employee Rausch-kolb may constitute express warranties under Iowa Code § 554.2318 (l)(a). Whether these statements constitute a warranty, as opposed to an expression of opinion, is a question for the trier of…”
Walker v. Clark Equip. Co., 320 N.W.2d 561 (Iowa 1982). · cites it 4× “Karen also points to section 554.2318, The Code, as authority that recovery is allowed to a bystander for breach of implied warranty so long as damages are reasonably foreseeable: A seller's warranty whether express or implied extends to any person who may reasonably be expected…”
Kolarik v. Cory Int'l Corp., 721 N.W.2d 159 (Iowa 2006). · cites it 2× “are drafted so as to determine the rights and obligations of the immediate parties to a sales transaction, the Code also provides: A seller’s warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and…”
Krull v. Thermogas Co. of Northwood Ia., 522 N.W.2d 607 (Iowa 1994). · cites it 2× “See Iowa Code § 554.2318 . If those goods are considered improvements to real property, the warranties could be lost before any injury ever occurred because of the section 614.”
In Re Methyl Tertiary Butyl Ether Prods. Liab. Litig., 379 F. Supp. 2d 348 (S.D.N.Y. 2005). “Iowa Code § 554.2318 (2004). 271 . Id. cmt.”
Midland Forge, Inc. v. Letts Indus., Inc., 395 F. Supp. 506 (N.D. Iowa 1975). · cites it 4× “Under § 554.2318, 3 Iowa Code, the seller’s warranties do extend to household members and guests of the buyer who are personally injured by any breach of the warranties.”
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Alvord, Burdick & Howson & Dorr-Oliver, Inc., 706 F.2d 820 (8th Cir. 1983). “The third paragraph of the plaintiff’s proposed instruction 15 states the rule enunciated in Iowa Code Ann. § 554.2318 (U.C.C. § 2-318) (West 1967 & Supp.”
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