Sarah Gentile

House Criminal Justice and Public Safety Committee Members: My name is Sarah Gentile, I am a resident of Rochester, New Hampshire. I am also a gun owner. I am reaching out to express my SUPPORT for HB 1387. Last year, New Hampshire enacted a limited liability law for firearm manufacturers. That choice carved out a special exemption for one industry that no other consumer product manufacturer can claim. HB 1387 is necessary to reverse the limited liability law for firearm manufacturers and restore our basic principles of accountability for all. It is quite clear that this law was written with a specific manufacturer in mind: Sig Sauer. Sig Sauer has faced numerous lawsuits regarding its P320 Pistol which can fire without an intentional trigger pull due to flaws in the design. Rather than allowing courts to examine those claims, the legislature chose to preemptively block them. The law states that manufacturers cannot be held liable “based on the absence” of safety mechanisms, insulating SIG Sauer from the very allegations raised in those lawsuits. That is outrageous and the approach is at odds with American tort law. Product liability does not require a product to fail completely before being deemed defective – a product can work exactly as intended and still be unreasonable dangerous because of its design. Consider the litigation against Ford Motors regarding the Pinto fuel tank. The concern was an unreasonable risk of fire in a collision and Ford was held liable not because the car didn’t operate, but because the design risked lives. Should we also reverse course on seat belts? Air bags? Other automobile safety designs meant to save lives because crashes are often caused by driver error? No, because it’s stupid and dangerous. Manufacturers, gun manufacturers included, have responsibility to reduce foreseeable harm through safer design. We must allow courts to do their job and determine, case by case, whether a manufacturer acted negligently – not fully insulate them from accountability. For years, the firearm industry has run with fewer accountability mechanisms than nearly any other consumer product sector. Shielding them only removes incentives to improve safety and encourages profits without responsibility. HB 1387 is necessary to repeal a horrible law that never should have existed in the first place. I urge your support of HB 1387 and reaffirm that no industry is above the law in New Hampshire. Thank you, Sarah Gentile