Section 686D.5 – Safe harbor for compliance with regulations, executive orders, or public health guidance.
686D.5 Safe harbor for compliance with regulations, executive orders, or public health guidance. A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was […]
Section 686D.6 – Liability of health care providers.
686D.6 Liability of health care providers. 1. A health care provider shall not be liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s […]
Section 686D.7 – Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19.
686D.7 Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to COVID-19. 1. Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, […]
Section 686D.8 – Construction.
686D.8 Construction. This chapter shall not be construed to do any of the following: 1. Create, recognize, or ratify a claim or cause of action of any kind. 2. Eliminate or satisfy a required element of a claim or cause of action of any kind. 3. Affect the rights or limits under workers’ compensation as […]
Section 686B.4 – Asbestos claims involving nonmalignant conditions — elements of proof.
686B.4 Asbestos claims involving nonmalignant conditions — elements of proof. An asbestos action involving a nonmalignant condition shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima facie showing shall be made as […]
Section 686B.5 – Silica claims involving silicosis — elements of proof.
686B.5 Silica claims involving silicosis — elements of proof. A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each […]
Section 686B.6 – Evidence of physical impairment.
686B.6 Evidence of physical impairment. Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter, must satisfy all of the following requirements: 1. The evidence must comply with the quality controls, equipment requirements, methods of calibration, and techniques set forth in the AMA guides and […]
Section 686B.7 – Procedures — limitation.
686B.7 Procedures — limitation. 1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant. 2. No evidence shall be offered at trial, and the […]
Section 686B.8 – Statute of limitations — two-disease rule.
686B.8 Statute of limitations — two-disease rule. 1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following: a. The exposed person received a […]
Section 686B.9 – Application.
686B.9 Application. 1. This chapter applies to all asbestos actions and silica actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions and silica actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this […]