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Bill 3420

                    Current Status

Bill Number:                      3420
Ratification Number:              417
Act Number:                       345
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990202
Primary Sponsor:                  Klauber
All Sponsors:                     Klauber, Campsen, Altman, Knotts, 
                                  Hawkins, Loftis, Sandifer, Cooper, Woodrum, 
                                  Lanford, Harrison, Fleming, Taylor, 
                                  Young-Brickell, Limehouse, Vaughn, Rodgers, 
                                  Chellis, Keegan, Barrett, Robinson
Drafted Document Number:          l:\council\bills\gjk\20182djc99.doc
Date Bill Passed both Bodies:     20000601
Date of Last Amendment:           20000530
Governor's Action:                S
Date of Governor's Action:        20000614
Subject:                          Firearm or ammunition manufacturer, etc.; 
                                  products liability action for design defect; 
                                  Torts, Courts, Weapons, Consumer


                        History

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 April 13, 1999 - Word format
Revised on April 27, 1999 - Word format
Revised on April 20, 2000 - Word format
Revised on April 24, 2000 - Word format
Revised on May 30, 2000 - Word format

(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 15-73-40, 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 15-73-40. (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.

This web page was last updated on Wednesday, December 9, 2009 at 9:14 A.M.