S.Amdt. 1620Senate109th Congress (2005-2007)

To exempt lawsuits involving injuries to children from the definition of qualified civil liability action.

Submitted July 27, 2005

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Senate amendment not agreed to: Amendment SA 1620 not agreed to in Senate by Yea-Nay. 35 - 64. Record Vote Number: 215.

July 29, 2005

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Senate amendment not agreed to: Amendment SA 1620 not agreed to in Senate by Yea-Nay. 35 - 64. Record Vote Number: 215.

July 29, 2005

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Senate amendment proposed (on the floor): Amendment SA 1620 proposed by Senator Lautenberg.

July 29, 2005

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Roll call votes on amendments in Senate: Amendment SA 1620 not agreed to in Senate by Yea-Nay. 35 - 64. Record Vote Number: 215.

July 29, 2005

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Amendment SA 1620 proposed by Senator Lautenberg. (consideration: CR S9375-9377, S9379) To exempt lawsuits involving injuries to children from the definition of qualified civil liability action.

July 29, 2005

Floor

Amendment SA 1620 not agreed to in Senate by Yea-Nay. 35 - 64. Record Vote Number: 215.

July 29, 2005

Floor

Senate amendment submitted

July 27, 2005

Text

Submitted

SA 1620. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an
amendment intended to be proposed by him to the bill S. 397, to
prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages, injunctive or other relief resulting from
the misuse of their products by others; which was ordered to lie on the
table; as follows:

On page 10, strike line 3 and all that follows through page
11, line 2, and insert the following:
(iv) an action for breach of contract or warranty in
connection with the purchase of the product;
(v) an action for death, physical injuries or property
damage resulting directly from a defect in design or
manufacture of the product, when used as intended or in a
reasonably foreseeable manner, except that where the
discharge of the product was caused by a volitional act that
constituted a criminal offense then such act shall be
considered the sole proximate cause of any resulting death,
personal injuries or property damage; or
(vi) any case against a manufacturer or seller involving an
injury to or the death of a person under 17 years of age.
(B) Negligent entrustment.--As used in subparagraph
(A)(ii), the term ``negligent entrustment'' means the
supplying of a qualified product by a seller for use by
another person when the seller knows, or reasonably should
know, the person to whom the product is supplied is likely
to, and does, use the product in a manner involving
unreasonable risk of physical injury to the person or others.
(C) Rule of construction.--The exceptions enumerated under
clauses (i) through (vi)
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