537.764. State of the art, defined--affirmative defense in cases of strict liability for failure to warn--burden of proof on party asserting defense--action for negligence, when.
State of the art, defined--affirmative defense in cases of strictliability for failure to warn--burden of proof on party assertingdefense--action for negligence, when.
537.764. 1. As used in this section, "state of the art"means that the dangerous nature of the product was not known andcould not reasonably be discovered at the time the product wasplaced into the stream of commerce.
2. The state of the art shall be a complete defense andrelevant evidence only in an action based upon strict liabilityfor failure to warn of the dangerous condition of a product.This defense shall be pleaded as an affirmative defense and theparty asserting it shall have the burden of proof.
3. Nothing in this section shall be construed as limitingthe rights of an injured party to maintain an action fornegligence whenever such a cause of action would otherwise exist.
4. This section shall not be construed to permit or prohibitevidence of feasibility in products liability claims.
(L. 1987 H.B. 700 § 35)Effective 7-1-87