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Reply #11: S 659 does not prevent ALL lawsuits [View All]

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Withergyld Donating Member (685 posts) Send PM | Profile | Ignore Thu Feb-05-04 11:01 AM
Response to Reply #1
11. S 659 does not prevent ALL lawsuits
"Also, note that he wants to sue, while the corrupt gun industry and the GOP is pushing to deny citizens the right to sue him."

Under S 659 lawsuits could still be filed for the following reasons:
"(i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;

(ii) an action brought against a seller for negligent entrustment or negligence per se;

(iii) an action in which a manufacturer or seller of a qualified product knowingly and willfully violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought;

(iv) an action for breach of contract or warranty in connection with the purchase of the product; or

(v) an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended."
http://www.heritagefund.org/common/legal/docs/S659.pdf
(I tried a link to Thomas but the colon on the end of the URL was doing weird things.)
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