What: All Issues : Aid to Less Advantaged People, at Home & Abroad : Victims of Gun Violence : S. 1805. Gun Industry Liability/Vote to Allow Lawsuits in Cases Where a Gun Manufacturer Produces and Sells a Defective Gun Even Though They Can Reasonably Anticipate that Harm or Injury is Likely to Result from the Defect. (2004 senate Roll Call 23)
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S. 1805. Gun Industry Liability/Vote to Allow Lawsuits in Cases Where a Gun Manufacturer Produces and Sells a Defective Gun Even Though They Can Reasonably Anticipate that Harm or Injury is Likely to Result from the Defect.
senate Roll Call 23     Mar 01, 2004
Progressive Position:
Yea
Progressive Result:
Loss

During debate on legislation to prohibit civil liability lawsuits from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from negligence on the part of the gun industry, Senator Bingaman (D-NM) introduced an amendment which would have modified language in the underlying bill defining when gun manufacturers could be held legally responsible for producing defective firearms which result in injury or death. As originally written, the gun industry liability bill would limit lawsuits against gunmakers to cases where an injury or death caused by a defective gun was "reasonably foreseeable" by the manufacturer. Bingaman's amendment proposed to clarify that "reasonably foreseeable" meant "the reasonable anticipation that harm or injury is likely to result". Progressives endorsed Bingaman's amendment and argued that the new language was needed to insure that gunmakers who knowingly manufacture defective firearms are held legally accountable. The nebulous "reasonably foreseeable" legal standard included in the underlying measure, Progressives argued, would in effect hinder victims' rights to bring suit against manufacturers of defective guns. Conservatives argued that Bingaman's amendment would undermine the purpose of the gun industry liability bill by expanding opportunities to bring frivolous lawsuits against the gun industry. On a vote of 28-59, Bingaman's amendment was defeated and the definition of "reasonably foreseeable" remained the legal standard for assessing whether or not a gunmaker could be held accountable for manufacturing a defective firearm.

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