SENATE BILL REPORT

SB 6109

BYSenators Pullen, Halsan and Barr

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

Senate Committee on Law & Justice

Senate Hearing Date(s):January 13, 1988

Majority Report:  That Substitute Senate Bill No. 6109 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Nelson.

Senate Staff:Jon Carlson (786-7459)

                  January 14, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 13, 1988

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.

EFFECT OF PROPOSED SUBSTITUTE:

The language that 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 it may cause is placed in the products liability section of the code pertaining to design defects.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Brian Judy, National Rifle Association; Keith Kessler, Washington State Trial Lawyers Association