BILL NUMBER: SB 1212	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Perata
   (Principal coauthor: Assembly Member Steinberg)

                        FEBRUARY 26, 1999

   An act to repeal Section 1714.4 of the Civil Code, relating to
product liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1212, as introduced, Perata.  Product liability:  firearms.
   Existing law provides that, in a product liability action, no
firearm or ammunition shall be deemed defective in design on the
basis that the benefits of the product do not outweigh the risk of
injury posed by its potential to cause serious injury, damage, or
death when discharged.
   This bill would repeal that provision.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1714.4 of the Civil Code is repealed.  

   1714.4.  (a) In a products liability action, no firearm or
ammunition shall be deemed defective in design on the basis that the
benefits of the product do not outweigh the risk of injury posed by
its potential to cause serious injury, damage, or death when
discharged.
   (b) For purposes of this section:
   (1) The potential of a firearm or ammunition to cause serious
injury, damage, or death when discharged does not make the product
defective in design.
   (2) Injuries or damages resulting from the discharge of a firearm
or ammunition are not proximately caused by its potential to cause
serious injury, damage, or death, but are proximately caused by the
actual discharge of the product.
   (c) This section shall not affect a products liability cause of
action based upon the improper selection of design alternatives.
   (d) This section is declaratory of existing law.