The general assembly hereby declares that it shall be the policy in this state that product liability for injury, damage, or death caused by the discharge of a firearm or ammunition shall be based only upon an actual defect in the design or manufacture of such firearm or ammunition and not upon the inherent potential […]
As used in this part 5, unless the context otherwise requires, “product liability action” means a claim for damages brought against the manufacturer, distributor, importer, or seller of firearms or ammunition alleging a defect in the design or manufacture of a firearm or ammunition. Source: L. 86: Entire part added, p. 689, § 1, effective […]
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. The burden shall be on the plaintiff to prove, in addition to any other elements required to be proven: In a product liability action […]
In a product liability action, the actual discharge of a firearm or ammunition shall be the proximate cause of injury, damage, or death resulting from the use of such product and not the inherent capability of the product to cause injury, damage, or death. The manufacturer’s, importer’s, or distributor’s placement of a firearm or ammunition […]
A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm or ammunition. In no type […]
Nothing contained in this part 5 shall be construed to bar recovery where the plaintiff proves that the proximate cause of the injury, damage, or death was a firearm or ammunition which contained a defect in manufacture causing it to be at variance from its design or which was designed so that it did not […]
