Details

• Sponsor - Kennedy
• Proposed - July 27, 2005
• Congressional Record Link - SA1612
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment would have added an opening for lawsuits

• if an employer failed to perform background checks or 'knew, or had reasonable cause to believe, that employees were engaging in actions that are grossly negligent or that constitute willful misconduct.'
• 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.

Analysis

Anytime there is the clause 'knew, or had reasonable cause to believe' you open the protected group to lawsuits anytime a lawyer wanted to allege this. It takes a court proceeding to determine 'reasonable cause' negating the benefit of the bill.

The Negligent Entrustment  clause is wording common to at least half a dozen of these amendments. So, one more time, every firearm runs the risk of injuring a person and this would be an open ended invitation to allow lawsuits.

In effect, this amendment would gut the bill.

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