FINAL BILL REPORT

HB 662

                                   C 94 L 88

BYRepresentatives Vekich, McMullen, Grant, P. King, Hargrove, Madsen, Haugen, Zellinsky, Baugher, Bristow, Bumgarner, Fuhrman, Holland, Chandler, Nealey, L. Smith, Ferguson, Betrozoff, Moyer, Amondson, D. Sommers, McLean, Cooper, Rasmussen, Kremen, Fisch, Meyers, Todd, Jesernig, K. Wilson, S. Wilson, Sanders, Sutherland, Doty, May, Brough, Cantwell, Padden, Winsley and Holm

Specifying the grounds for bringing a products liability action based on design defects for firearms or ammunition.

House Committe on Trade & Economic Development

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

In 1981 the Legislature enacted a law detailing the product liability of manufacturers and sellers.  Under this law manufacturers are liable for any harm that has been proximately caused by the manufacturer's negligence in the design of a product.  A product must be "reasonably safe as designed."  To show that a product is not "reasonably safe as designed"  a plaintiff must prove that the likelihood and seriousness of harm outweighs the burden on the manufacturer to design a product that would have prevented those harms, and the adverse effect that a practicable, feasible alternative would have on the usefulness of the product.

Sellers assume the liability of manufacturers in certain instances where the manufacturer is insolvent or not subject to the court's jurisdiction, or when the seller is involved in the design of the product or is in a subsidiary relationship with the manufacturer.

During the past five years, lawsuits have been filed in a number of states against handgun manufacturers alleging that handguns are unreasonably dangerous per se because they can be used to cause injury or death.  Generally, these cases have been dismissed.  However, in one case in another state, a court of appeals held that an action could be maintained against the makers of "Saturday night specials."  There is growing concern that manufacturers or sellers of firearms or ammunition could be held liable anytime that they produced or sold a handgun used in the commission of a crime.

SUMMARY:

In a products liability action no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by the potential of the firearm or ammunition to cause harm when discharged.

VOTES ON FINAL PASSAGE:

      House 90   2

      Senate    40     5

EFFECTIVE:June 9, 1988