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| | Double Barrel Liability Legislation By Robert Warne - August 23, 2002Two bills aimed at removing the legislative kevlar that protects gun manufacturers from product liability suits are getting closer to the Governor’s desk.
Senate Bill 682, by Sen. Don Perata (D-Alameda) passed in the Assembly Aug. 22, and Assembly Bill 496 by Assemblyman Paul Koretz (D-West Hollywood) cleared the Senate Aug. 15.
The current immunity law, created in 1983, in essence exempts guns and ammunition from product liability attacks because the value of their benefits outweighs their potential for causing serious injury, damage or death.
Prompting the new legislation was the state Supreme Court’s reference to the liability protection law last year in a case against gun maker, Navegar Inc. The plaintiffs in the case claimed the company should be held liable for the death of their loved ones because it marketed its guns in a manner that appealed to criminals.
Those in support of both bills want gun manufacturers to be held to the same liability standards as all other manufacturers.
Opponents of the proposed laws believe that the legislature is using the bill to shift the blame for gun misuse and criminal behavior onto the manufacturer.
It is unclear if product liability suits against firearm manufacturers would be more successful in court if the current exemption were removed.
But according to the Los Angeles Times, Assemblywoman Jackie Goldberg, D-Los Angeles said in support of the bills that by holding the threat of lawsuits over gun manufacturers’ heads, they would eventually make safer guns.
The Governor hasn’t taken any sides yet. Being that it’s an election year he probably wants to approach these bills with caution, because one wrong move and his campaign could get shot up in the crossfire. |