S-4078.2  _______________________________________________

                         SENATE BILL 6784

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Hargrove, T. Sheldon, Hochstatter, Roach, Sheahan and Oke

Read first time 01/27/2000.  Referred to Committee on Judiciary.

Limiting product liability for use of lawful products.

    AN ACT Relating to product liability for use of lawful products; adding a new section to chapter 4.24 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature intends to relieve the courts of this state from unnecessary congestion resulting from claims involving products which are lawful, used as intended, and not inherently unsafe.  The legislature also intends to provide reasonable predictability in commercial production and transactions and mitigate unnecessary costs of insurance.  Nothing in this act is intended, and shall not be construed as, restricting in any way recovery for damages resulting from products which are defectively designed or manufactured or which are inherently unsafe.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) There shall be no cause of action for damages in any superior, district, or municipal court in Washington against the manufacturer, distributor, or seller of any product when:

    (a) The product is a lawful product; and

    (b) The product is used as intended and is not inherently unsafe.

    (2) For purposes of this section, "not inherently unsafe" means a lawful product which, when used in the manner intended by the manufacturer, distributor, or seller, does not result in injury, disease, or death.

    (3) Nothing in this section prevents the use of any lawful product to prevent unlawful harm to an individual.  Such use shall not be the basis for any cause of action against the manufacturer, distributor, or seller of the product.

NEW SECTION. Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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