Montana Code Annotated 2019

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Liability -- Defect In Design Of Firearms Or Ammunition

27-1-720. Liability -- defect in design of firearms or ammunition. (1) In a products liability action, no firearm, ammunition component that was manufactured in Montana, or ammunition may be considered 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.

(2) For purposes of this section:

(a) the potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design; and

(b) 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.

(3) The provisions of this section do not affect a products liability cause of action based upon the improper selection of design alternatives.

History: En. Sec. 1, Ch. 359, L. 1987; amd. Sec. 9, Ch. 440, L. 2015.