BIL: 3420

RTN: 417

ACN: 345

TYP: General Bill GB

INB: House

IND: 19990202

PSP: Klauber

SPO: Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, YoungBrickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett, Robinson

DDN: l:\council\bills\gjk\20182djc99.doc

DPB: 20000601

LAD: 20000530

GOV: S

DGA: 20000614

SUB: Firearm or ammunition manufacturer, etc.; products liability action for design defect; Torts, Courts, Weapons, Consumer

HST:

Body Date Action Description Com Leg Involved

______

------20000628 Act No. A345

------20000614 Signed by Governor

------20000608 Ratified R417

House 20000601 Concurred in Senate amendment,

enrolled for ratification

Senate 20000531 Read third time, returned to House

with amendment

Senate 20000530 Amended, read second time,

notice of general amendments,

carrying over all amendments to

third reading

Senate 20000516 Made Special Order

------20000424 Scrivener's error corrected

Senate 20000420 Recalled from Committee, 11 SJ

placed on the Calendar

Senate 19990429 Introduced, read first time, 11 SJ

referred to Committee

House 19990428 Read third time, sent to Senate

House 19990427 Amended, read second time

House 19990421 Debate adjourned

House 19990420 Request for debate by Representative Cato

Campsen

Harrison

House 19990420 Objection by Representative J.H. Neal

Howard

J. Brown

Lloyd

Cobb-Hunter

Moody-

Lawrence

M. Hines

Mack

Breeland

McGee

House 19990415 Debate adjourned until

Tuesday, 19990420

House 19990414 Co-Sponsor added (Rule 5.2) by Rep. Robinson

House 19990413 Committee report: Favorable with 25 HJ

amendment

House 19990202 Introduced, read first time, 25 HJ

referred to Committee

Versions of This Bill

Revised on 19990413

Revised on 19990427

Revised on 20000420

Revised on 20000424

Revised on 20000530

TXT:

(A345, R417, H3420)

AN ACT TO AMEND CHAPTER 73, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLERS OF DEFECTIVE PRODUCTS, BY ADDING SECTION 157340, SO AS TO PROVIDE THAT, IN A PRODUCTS LIABILITY ACTION INVOLVING FIREARMS OR AMMUNITION, WHETHER A FIREARM OR AMMUNITION SHELL IS DEFECTIVE IN DESIGN MUST NOT BE BASED ON A COMPARISON OR WEIGHING OF THE BENEFITS OF THE PRODUCT AGAINST THE RISK OF INJURY, DAMAGE, OR DEATH POSED BY ITS POTENTIAL TO CAUSE THAT INJURY, DAMAGE, OR DEATH WHEN DISCHARGED, AND TO PROVIDE ADDITIONAL ELEMENTS THE PLAINTIFF MUST PROVE IN A PRODUCTS LIABILITY ACTION BROUGHT AGAINST A FIREARM OR AMMUNITION MANUFACTURER, IMPORTER, DISTRIBUTOR, OR RETAILER THAT ALLEGES A DESIGN DEFECT.

Be it enacted by the General Assembly of the State of South Carolina:

Products liability actions involving firearms or ammunition

SECTION 1. Chapter 73 of Title 15 of the 1976 Code is amended by adding:

“Section 157340. (A) In a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.

(B) In a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other elements required to be proved that:

(1) the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and

(2) any defective design was the proximate cause of the injury, damage, or death.”

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies prospectively to all actions which arise or accrue on or after the effective date of this act.

Ratified the 8th day of June, 2000.

Approved the 14th day of June, 2000.

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