Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.
3420Ratification Number: 417Act Number: 345Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990202Primary Sponsor: KlauberAll Sponsors: Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett, RobinsonDrafted Document Number: l:\council\bills\gjk\20182djc99.docDate Bill Passed both Bodies: 20000601Date of Last Amendment: 20000530Governor's Action: SDate of Governor's Action: 20000614Subject: Firearm or ammunition manufacturer, etc.; products liability action for design defect; Torts, Courts, Weapons, ConsumerHistory 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."
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.