Oklahoma § 76-53.1 - Exceptions to liability limitations

§ 76-53.1. Exceptions to liability limitations

The provisions of this act do not apply to actions for deceit,

breach of contract, or expressed or implied warranties, or for

injuries resulting from failure of firearms to operate in a normal

or usual manner due to defects or negligence in design or

manufacture. The provisions of this act do not apply to actions

arising from the unlawful sale or transfer of firearms, or to

instances in which the transferor knew, or should have known, that

the recipient would engage in the unlawful sale or transfer of the

firearm, or would use, or purposely allow the use of, the firearm in

an unlawful, negligent, or improper fashion. For purposes of this

Oklahoma Statutes - Title 76. Torts

section, the potential of a firearm to cause serious injury, damage,

or death as a result of normal function does not constitute a

defective condition of the product. A firearm may not be deemed

defective on the basis of its potential to cause serious injury,

damage, or death when discharged.

Added by Laws 2013, 1st Ex. Sess., c. 2, § 5, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 76, § 54, which

was derived from Laws 2009, c. 228, § 51, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).