HOUSE BILL REPORT

EHB 662

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

Majority Report:     Do pass.  (18)

     Signed by Representatives Vekich, Chair; Wineberry, Vice Chair; Amondson, Beck, Cantwell, Doty, Fox, Grant, Hargrove, Heavey, Holm, Kremen, McLean, Moyer, Rasmussen, Schoon, B. Williams and J. Williams.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE JANUARY 22, 1988

BACKGROUND:

In 1981 the legislature enacted a law detailing the products 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 of and seriousness of harm outweighs:

(a) the burden on the manufacturer to design a product that would have prevented those harms; and

(b) the adverse effect that a practicable, feasible alternative would have on the usefulness of the product.

Sellers assume the liability of the 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.

In the last several years, lawsuits have been filed in a number of states against handgun manufacturers which allege 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, ultimately affecting the ownership or use of firearms and ammunition by other citizens.

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.

Fiscal Note:    Available.

House Committee ‑ Testified For:     (1987) Mike Krei, National Rifle Association; (1988)Keith Kessler, Washington State Trial Lawyers Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     (1987) Suits brought nationally to find proximate liability as a result of firearms injury caused in the commission of a crime are a back-door effort at gun control.  Bill would ensure that manufacturers remain liable in cases of product defects.

(1988)  The bill is fine but have concerns.  Bill should clarify that provisions are not intended to reduce the liability of manufacturers of firearms or ammunition in cases of defects in manufacture.  Bill should not apply to firearms which do not have safeties.  Committee should consider exempting plastic guns from the provisions of the bill.

House Committee - Testimony Against: None Presented.