§ 15-73-40 — Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff.

South Carolina § 15-73-40

• Jurisdiction: South Carolina
• Title 15: CIVIL REMEDIES AND PROCEDURES
• Ch. 73: SELLERS OF DEFECTIVE PRODUCTS

Text

(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.

Legislative History

HISTORY: 2000 Act No. 345, SECTION 1.