SENATE BILL REPORT

SB 5388

BYSenators Tanner, Halsan, Pullen, Vognild, Barr, Owen, Stratton, McCaslin, West, Craswell, Peterson, Anderson, Conner, Bauer, Moore, Hansen, Benitz, Warnke, Smitherman, Garrett, Patterson, von Reichbauer, McDonald, Cantu, Nelson, Metcalf, Newhouse, Zimmerman, Johnson, Deccio, Lee, Saling and Sellar

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

Senate Committee on Judiciary

Senate Hearing Date(s):February 12, 1987

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 10, 1987

BACKGROUND:

In a number of states, lawsuits have been filed against handgun manufacturers and dealers alleging that handguns are unreasonably dangerous per se.  The theory is that a handgun is defective in design because it can be used to cause injury or death.  Thus, a manufacturer or dealer could be held liable anytime that it produced or sold a handgun used in the commission of a crime.  The concern is that this approach to handgun liability would ultimately threaten the ownership and use of firearms by law-abiding citizens.

SUMMARY:

In a products liability action, a firearm or ammunition cannot be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage or death.

An action based upon the improper selection of design alternatives is not affected by these provisions.

Fiscal Note:      none requested