§ 99B-11. Claims based on defective design of firearms.
§99B‑11. Claims based on defective design of firearms.
(a) In a productsliability action involving firearms or ammunition, whether a firearm orammunition shell is defective in design shall not be based on a comparison orweighing of the benefits of the product against the risk of injury, damage, ordeath posed by its potential to cause that injury, damage, or death whendischarged.
(b) In a productsliability action brought against a firearm or ammunition manufacturer,importer, distributor, or retailer that alleges a design defect, the burden ison the plaintiff to prove, in addition to any other elements required to beproved:
(1) That the actualdesign of the firearm or ammunition was defective, causing it not to functionin a manner reasonably expected by an ordinary consumer of firearms orammunition; and
(2) That any defectivedesign was the proximate cause of the injury, damage, or death. (1987(Reg. Sess., 1988), c. 1059, s. 1; 1995, c. 522, s. 1.)