H-685                _______________________________________________

                                                    HOUSE BILL NO. 662

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives 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

!ae200Read first time 2/6/87 and referred to Committee on Trade & Economic Development.

AN ACT Relating to products liability actions involving firearms or ammunition; adding a new section to chapter 7.72 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature recognizes that existing law generally provides that a person is responsible for his or her wilful acts and for injuries caused by his or her want of ordinary care or skill in the management of his or her property or person.  The legislature intends that, in a products liability action, no firearm or ammunition should 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 when discharged.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.72 RCW to read as follows:

          (1) In a products liability action, a firearm or ammunition shall not 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 when discharged.

          (2) For purposes of this section:

          (a) The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design;

          (b) Injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product.

          (3) The provisions of this section shall not affect a products liability cause of action based upon the improper selection of design alternatives.