This law is about product safety cases. If a company sells a product and didn't warn people it was dangerous, the company has a defense if they can prove that nobody knew — and nobody could have reasonably figured out — that the product was dangerous at the time it was sold. That defense only works in cases where the company is blamed just for not giving a warning. It does not stop someone from suing for negligence if that kind of lawsuit is available.
537.764. , defined — in cases of for — on asserting — for , when. — 1. As used in this section, "state of the art" means that the dangerous nature of the product was not known and could not reasonably be discovered at the time the product was placed into the .
2. The state of the art shall be a complete defense and relevant evidence only in an action based upon strict liability for failure to warn of the dangerous condition of a product. This defense shall be as an affirmative defense and the party asserting it shall have the burden of proof.
3. Nothing in this section shall be as limiting the rights of an injured party to maintain an action for negligence whenever such a would otherwise exist.
4. This section shall not be construed to or prohibit evidence of in .
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Source & history notes
(L. 1987 H.B. 700 § 35) Effective 7-01-87
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