H*3420(Rat #0417, Act #0345 of 2000)  General Bill, By Klauber, Campsen, Altman, 
Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, 
Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and 
Robinson
 A BILL 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.-AMENDED TITLE

   02/02/99  House  Introduced and read first time HJ-7
   02/02/99  House  Referred to Committee on Judiciary HJ-8
   04/13/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-8
   04/15/99  House  Debate adjourned HJ-13
   04/20/99  House  Objection by Rep. Neal, Howard, J. Brown, Lloyd,
                     Cobb-Hunter, Moody-Lawrence, M. Hines, Mack,
                     Breeland and McGee HJ-18
   04/20/99  House  Requests for debate-Rep(s). Harrison, Cato and
                     Campsen HJ-18
   04/21/99  House  Debate adjourned until Thursday,  April 22, 1999 HJ-100
   04/27/99  House  Amended HJ-64
   04/27/99  House  Read second time HJ-69
   04/27/99  House  Roll call Yeas-74 Nays-24 HJ-69
   04/28/99  House  Read third time and sent to Senate HJ-43
   04/29/99  Senate Introduced and read first time SJ-10
   04/29/99  Senate Referred to Committee on Judiciary SJ-10
   04/20/00  Senate Recalled from Committee on Judiciary SJ-3
   05/16/00  Senate Special order SJ-42
   05/30/00  Senate Amended SJ-87
   05/30/00  Senate Read second time SJ-87
   05/30/00  Senate Ordered to third reading with notice of
                     amendments SJ-87
   05/31/00  Senate Read third time and returned to House with
                     amendments SJ-88
   06/01/00  House  Concurred in Senate amendment and enrolled HJ-36
   06/08/00         Ratified R 417
   06/14/00         Signed By Governor
   06/14/00         Effective date 06/14/00 and applies prospectively
                     to all actions which arise or accue on or after
                     this date
   06/27/00         Copies available
   06/27/00         Act No. 345

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."

Time effective

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.