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"Product Liability Reform Act" Is "Gun Industry Relief Act"The Product Liability Reform Act of 1997 (S. 648) would erect new hurdles for victims of firearms violence who are killed or injured by faulty guns or by the conduct of gun dealers who break the law. The bill would make it more difficult for victims to recover fair compensation and would reduce the incentives for the gun industry to make safer products and limit their sale to legitimate purchasers. There is virtually no safety regulation of firearms and ammunition�despite the fact that firearms kill nearly twice as many Americans as all other household and recreational products combined. This leaves the tort system as the only mechanism to hold the gun industry accountable for dangerous, defective products. Some of the most dangerous provisions of S. 648 are:
The Statute of Repose Eliminates Liability for All Guns Made Before 1979 The bill contains a statute of repose of 18 years applicable to all consumer products�including firearms. This section would absolve firearm manufacturers from any liability for guns manufactured prior to 1979. Guns are one of the most durable of consumer products and are often passed down from generation to generation. But defects in firearms manufactured in the 1960s and 1970s continue to cause death and injury.
The Small Business Cap Protects "Junk Gun" Manufacturers S. 648 contains an absolute cap of $250,000 on punitive damages for manufacturers with fewer than 25 full-time employees. This would protect manufacturers of "junk guns," cheap, concealable, low-quality handguns, many of which do not meet the minimum design and safety standards required of imported handguns by the Bureau of Alcohol, Tobacco and Firearms (ATF). These safety standards do not apply to domestically manufactured handguns. As a result, the tort system provides the only regulation of domestic "junk gun" manufacturers.
The Product Seller Provision Protects Gun Dealers Who Break the Law The bill's product seller provision would protect gun dealers who sell firearms to felons, minors, or other prohibited persons. The bill would virtually eliminate recovery in civil cases alleging negligence per se. This theory applies where gun dealers sell in violation of state or federal law and death or injury results.
Limitations on Joint and Several Liability Would Leave Victims Uncompensated S. 648 would abolish joint and several liability for non-economic damages such as pain and suffering or loss of a child. Limitations on joint and several liability could be devastating for many gun victims in cases in which a manufacturer or dealer as well as the shooter are held jointly liable. Often the shooter is incarcerated or has very limited resources and only the manufacturer or dealer can make any meaningful contribution toward compensating the victim.
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