1. A person who is not the assembler, designer, or manufacturer, and who wholesales, retails, distributes, or otherwise sells a product is:
a. Immune from any suit based upon strict liability in tort or breach of implied warranty of merchantability which arises solely from an alleged defect in the original design or manufacture of the product. \n Tue Dec 09 21:59:34 2025 Iowa Code 2026, Chapter 613 (28, 1) 5 PARTIES — CAUSES OF ACTION — LIABILITY, §613.21\n\n b. Not liable for damages based upon strict liability in tort or breach of implied warranty of merchantability for the product upon proof that the manufacturer is subject to the jurisdiction of the courts of this state and has not been judicially declared insolvent.
2. A person who is a retailer of a product and who assembles a product, such assembly having no causal relationship to the injury from which the claim arises, is not liable for damages based upon strict liability in tort or breach of implied warranty of merchantability which arises from an alleged defect in the original design or manufacture of the product upon proof that the manufacturer is subject to the jurisdiction of the courts of this state and has not been judicially declared insolvent.
3. An action brought pursuant to this section, where the claimant certifies that the manufacturer of the product is not yet identifiable, tolls the statute of limitations against such manufacturer until such time as discovery in the case has identified the manufacturer. 86 Acts, ch 1211, §32 \n
Notes of Decisions
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
· cites it 99× “Arguments of the parties Only SMA asserts that it is immune to liability or damages on Nationwide’s product defect claims against it, set out in Division I of Nationwide’s latest Complaint, pursuant to Iowa Code § 613.18 . More specifically, SMA argues that it is immune to…”
Johnson v. Am. Leather Specialties Corp., 578 F. Supp. 2d 1154 (N.D. Iowa 2008).
· cites it 75× “Defendants American Leather and Shopko have filed a motion for partial summary judgment in which they seek the dismissal of all of plaintiffs’ claims, except *1159 for plaintiffs’ claim that defendants were negligent in failing to place suitable warnings on the leash, on the…”
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa 2000).
· cites it 32× “Iowa Code § 613.18 (1). The district court found that Thermogas did not assemble, design, or manufacture the tank that exploded.”
Pepper v. Star Equip., Ltd., 484 N.W.2d 156 (Iowa 1992).
· cites it 60× “Iowa Code § 613.18 (1)(a), (b). Standing alone, the formulation of the statute above might suggest that a seller or distributor, who is not also the assembler, designer or manufacturer of the product, could be held liable for defects introduced by the manufacturer so long as the…”
Merfeld v. Dometic Corp., 306 F. Supp. 3d 1070 (N.D. Iowa 2018).
· cites it 41× “Parties' arguments Dometic argues that it is entitled to summary judgment on plaintiffs' product defect claims because Dometic was not the manufacturer, designer or assembler of the refrigerator and thus enjoys immunity under Iowa Code § 613.18 (1). Doc. No. 26-5 at 7.”
Bingham v. Marshall & Huschart Mach. Co., 485 N.W.2d 78 (Iowa 1992).
· cites it 32× “Products Liability — Iowa Code Section 613.18. The term “product liability” relates to liability arising from injury or damage resulting from the use of a product.”
Erickson v. Wright Welding Supply, Inc., 485 N.W.2d 82 (Iowa 1992).
· cites it 28× “1211, § 32 now codified at Iowa Code § 613.18 . The act is applicable to “all cases filed on or after July 1, 1986.”
Buechel v. Five Star Quality Care, Inc., 745 N.W.2d 732 (Iowa 2008).
· cites it 12× “Iowa Code § 613.18 (3). In this case, the statute of limitations against Sunrise was tolled temporarily by the filing of plaintiffs’ petition on January 15, 2003.”
Hyler v. Garner, 548 N.W.2d 864 (Iowa 1996).
· cites it 6× “Because we have concluded the district court did not err in finding Autorama had voluntarily assumed the manufacturer's obligations for implied warranties, we do not address the effect of Iowa Code § 613.18 (1993). We merely note the immunity granted to a seller under that…”
Housley v. Orteck Int'l, Inc., 488 F. Supp. 2d 819 (S.D. Iowa 2007).
· cites it 19× “Further, Orteck asserts that it is immune from strict liability claims under Iowa Code § 613.18 . First, the Court addresses whether Housley is precluded from asserting claims of strict liability.”
— Iowa Code § 613.18(1) — 8 cases
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
“Arguments of the parties Only SMA asserts that it is immune to liability or damages on Nationwide’s product defect claims against it, set out in Division I of Nationwide’s latest Complaint, pursuant to Iowa Code § 613.18 . More specifically, SMA argues that it is immune to…”
Bingham v. Marshall & Huschart Mach. Co., 485 N.W.2d 78 (Iowa 1992).
“Products Liability — Iowa Code Section 613.18. The term “product liability” relates to liability arising from injury or damage resulting from the use of a product.”
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa 2000).
“Iowa Code § 613.18 (1). The district court found that Thermogas did not assemble, design, or manufacture the tank that exploded.”
Pepper v. Star Equip., Ltd., 484 N.W.2d 156 (Iowa 1992).
“Iowa Code § 613.18 (1)(a), (b). Standing alone, the formulation of the statute above might suggest that a seller or distributor, who is not also the assembler, designer or manufacturer of the product, could be held liable for defects introduced by the manufacturer so long as the…”
— Iowa Code § 613.18(1)(6) — 1 case
— Iowa Code § 613.18(1)(a) — 6 cases
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa 2000).
“Iowa Code § 613.18 (1). The district court found that Thermogas did not assemble, design, or manufacture the tank that exploded.”
Merfeld v. Dometic Corp., 306 F. Supp. 3d 1070 (N.D. Iowa 2018).
“Parties' arguments Dometic argues that it is entitled to summary judgment on plaintiffs' product defect claims because Dometic was not the manufacturer, designer or assembler of the refrigerator and thus enjoys immunity under Iowa Code § 613.18 (1). Doc. No. 26-5 at 7.”
— Iowa Code § 613.18(1)(b) — 4 cases
Pepper v. Star Equip., Ltd., 484 N.W.2d 156 (Iowa 1992).
“Iowa Code § 613.18 (1)(a), (b). Standing alone, the formulation of the statute above might suggest that a seller or distributor, who is not also the assembler, designer or manufacturer of the product, could be held liable for defects introduced by the manufacturer so long as the…”
Merfeld v. Dometic Corp., 306 F. Supp. 3d 1070 (N.D. Iowa 2018).
“Parties' arguments Dometic argues that it is entitled to summary judgment on plaintiffs' product defect claims because Dometic was not the manufacturer, designer or assembler of the refrigerator and thus enjoys immunity under Iowa Code § 613.18 (1). Doc. No. 26-5 at 7.”
— Iowa Code § 613.18(2) — 4 cases
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
“Arguments of the parties Only SMA asserts that it is immune to liability or damages on Nationwide’s product defect claims against it, set out in Division I of Nationwide’s latest Complaint, pursuant to Iowa Code § 613.18 . More specifically, SMA argues that it is immune to…”
Bingham v. Marshall & Huschart Mach. Co., 485 N.W.2d 78 (Iowa 1992).
“Products Liability — Iowa Code Section 613.18. The term “product liability” relates to liability arising from injury or damage resulting from the use of a product.”
Merfeld v. Dometic Corp., 306 F. Supp. 3d 1070 (N.D. Iowa 2018).
“Parties' arguments Dometic argues that it is entitled to summary judgment on plaintiffs' product defect claims because Dometic was not the manufacturer, designer or assembler of the refrigerator and thus enjoys immunity under Iowa Code § 613.18 (1). Doc. No. 26-5 at 7.”
— Iowa Code § 613.18(3) — 4 cases
Buechel v. Five Star Quality Care, Inc., 745 N.W.2d 732 (Iowa 2008).
“Iowa Code § 613.18 (3). In this case, the statute of limitations against Sunrise was tolled temporarily by the filing of plaintiffs’ petition on January 15, 2003.”
Bernard Buechel, Individually & As Coexecutor Of The Est. Of Juanita Buechel, Angela Pauly, Individually & As Coexecutor Of The Est. Of Juanita Buechel, Daniel Buechel, Monica Hagen, Mary Rose, Teresa Smith, & Joanne Mallicoat Vs. Five Star Quality Care, Inc. D/b/a Prairie Ridge Care & Rehab. Fsq, Inc. Shopco-ia, Llc Five Star Quality Care-ia, Llc Snh (Iowa 2008).
— Iowa Code § 613.18(l) — 1 case
— Iowa Code § 613.18(l)(a) — 7 cases
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa 2000).
“Iowa Code § 613.18 (1). The district court found that Thermogas did not assemble, design, or manufacture the tank that exploded.”
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
“Arguments of the parties Only SMA asserts that it is immune to liability or damages on Nationwide’s product defect claims against it, set out in Division I of Nationwide’s latest Complaint, pursuant to Iowa Code § 613.18 . More specifically, SMA argues that it is immune to…”
Bingham v. Marshall & Huschart Mach. Co., 485 N.W.2d 78 (Iowa 1992).
“Products Liability — Iowa Code Section 613.18. The term “product liability” relates to liability arising from injury or damage resulting from the use of a product.”
— Iowa Code § 613.18(l)(b) — 5 cases
Bingham v. Marshall & Huschart Mach. Co., 485 N.W.2d 78 (Iowa 1992).
“Products Liability — Iowa Code Section 613.18. The term “product liability” relates to liability arising from injury or damage resulting from the use of a product.”
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
“Arguments of the parties Only SMA asserts that it is immune to liability or damages on Nationwide’s product defect claims against it, set out in Division I of Nationwide’s latest Complaint, pursuant to Iowa Code § 613.18 . More specifically, SMA argues that it is immune to…”
Housley v. Orteck Int'l, Inc., 488 F. Supp. 2d 819 (S.D. Iowa 2007).
“Further, Orteck asserts that it is immune from strict liability claims under Iowa Code § 613.18 . First, the Court addresses whether Housley is precluded from asserting claims of strict liability.”
Johnson v. Am. Leather Specialties Corp., 578 F. Supp. 2d 1154 (N.D. Iowa 2008).
“Defendants American Leather and Shopko have filed a motion for partial summary judgment in which they seek the dismissal of all of plaintiffs’ claims, except *1159 for plaintiffs’ claim that defendants were negligent in failing to place suitable warnings on the leash, on the…”
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