§ 13-21-503. Determination of Defect – Burden of Proof

1. In a product liability action, whether a firearm or ammunition shall be deemed defective in design shall not be based upon its potential to cause injury, damage, or death when discharged.
2. The burden shall be on the plaintiff to prove, in addition to any other elements required to be proven:
   1. In a product liability action alleging a design defect, that the actual design was defective and that such defective design was the proximate cause of the injury, damage, or death;
   2. In a product liability action alleging a defect in manufacture, that the firearm or ammunition was manufactured at variance from its design and that such defective manufacture was the proximate cause of the injury, damage, or death.
3. The inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged shall not be a basis for a finding that the product is defective in design or manufacture.

Source: L. 86: Entire part added, p. 689, § 1, effective May 12.