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, inspecting, testing and labeling the product conformed with the state of
the art at the time the product was first sold by the defendant.
2. The proximate cause of the incident giving rise to the action was an alteration
or modification of the product that was not reasonably foreseeable, made by a person
other than the defendant and subsequent to the time the product was first sold by the
defendant.
3. The proximate cause of the incident giving rise to the action was a use or
consumption of the product that was for a purpose, in a manner or in an activity other
than that which was reasonably foreseeable or was contrary to any express and adequate
instructions or warnings appearing on or attached to the product or on its original
container or wrapping, if the intended consumer knew or with the exercise of reasonable
and diligent care should have known of such instructions or warnings.
4. The proximate cause of the incident or incidents giving rise to the action was
the repeated consumption of a food product that is not defective and unreasonably
dangerous if consumed in reasonable quantities.
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