12-681. Definitions In this article, unless the context otherwise requires: 1. " Defective and unreasonably dangerous" does not include a food product that is otherwise fit for human consumption and nourishment. 2. " Food product" means any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and […]
12-682. Limitation The previously existing common law of products liability is modified only to the extent specifically stated in this article and section 12-551.
12-683. Affirmative defenses In any product liability action, a defendant shall not be liable if the defendant proves that any of the following applies: 1. The defect in the product is alleged to result from inadequate design or fabrication, and if the plans or designs for the product or the methods and techniques of manufacturing, […]
12-684. Indemnification; tender of defense; execution A. In any product liability action where the manufacturer refuses to accept a tender of defense from the seller, the manufacturer shall indemnify the seller for any judgment rendered against the seller and shall also reimburse the seller for reasonable attorneys’ fees and costs incurred by the seller in […]
12-685. Contents of complaint; amount of recovery In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied.
12-686. Inadmissible evidence In any product liability action, the following shall not be admissible as direct evidence of a defect: 1. Evidence of advancements or changes in the state of the art subsequent to the time the product was first sold by the defendant. 2. Evidence of any change made in the warnings, design or […]
12-687. Reasonable remedial measures; cause of action; punitive damages If a person or entity conducts a product safety analysis or review and, as a result, takes reasonable remedial measures, the following shall apply to a product liability action brought against the person or entity: 1. The plaintiff may not use the product safety analysis or […]
12-688. Duty to warn; food products There is no duty to warn a purchaser, user or consumer or any other person, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause health problems if consumed excessively.
12-689. Exemption from punitive or exemplary damages; applicability; definitions A. A manufacturer, service provider or seller is not liable for exemplary or punitive damages if any of the following applies: 1. The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold or represented in relevant and material respects according to the […]
