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S.C. Code Ann. § 15-73-40

Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff

Applied in 1 court decision — leading case Soto v. Bushmaster Firearms International, LLC (2019)

Most recently applied in Soto v. Bushmaster Firearms International, LLC (March 2019)

2000 Act No. 345, SECTION 1.

(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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.