House Bill No. [insert number] amends and reenacts sections of Louisiana law regarding the civil liability of firearm and ammunition manufacturers, distributors, and sellers. The bill clarifies that these entities are not liable for injuries, damages, or deaths resulting from the misuse of their products, unless it can be proven that such incidents were caused by an unreasonably dangerous defect in the product. The bill also extends liability protections to distributors and includes provisions that prevent manufacturers and sellers from being held liable for failing to warn users about the inherent risks associated with firearms and ammunition. Additionally, it establishes that the potential for firearms and ammunition to cause harm does not constitute a defect in design or manufacture.
Furthermore, the bill preempts local governments from suing firearm and ammunition manufacturers, distributors, or dealers for damages related to the lawful design, manufacture, or sale of these products, reserving such authority exclusively for the state. It allows for actions against manufacturers or dealers for breach of contract related to purchases made by local authorities. If a governing authority violates this preemption, the defendant may be entitled to recover court costs and attorney fees. The bill also mandates that defendants in civil actions found not liable under these provisions are entitled to recover attorney fees, costs, and compensation for losses incurred as a result of the action.
Statutes affected: HB289 Original:
HB289 Engrossed:
HB289 Enrolled: