§ 16-116-301 — Proximate cause

(a) In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition. (b) The manufacturer's, importer's, or distributor's mere placement of a firearm, a nonpowder gun, or ammunition into the stream of commerce shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a person's use of the firearm, the nonpowder gun, or ammunition. (c) Even if the accidental discharge of the firearm or nonpowder gun is found to be foreseeable, the manufacturer's, importer's, or distributor's mere placement of the firearm or nonpowder gun in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause in a product liability action concerning the accidental discharge of a firearm or nonpowder gun.

Legislative History

Acts 2003, No. 935, § 1.