2aHawaii
General Topics => Legal and Activism => Topic started by: rklapp on November 14, 2017, 06:16:30 PM
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https://www.nbcnews.com/news/us-news/fate-sandy-hook-lawsuit-against-gun-maker-could-be-decided-n820776
A state Superior Court judge last year dismissed the suit, which was brought by relatives of nine people who were killed and one person who survived the shootings at Sandy Hook Elementary School in Newtown on Dec. 14, 2012. The judge cited a federal law that broadly prohibits lawsuits against gun makers and dealers when a weapon functions "as designed and intended."
Attorneys for the families argued in court documents and in the Connecticut Supreme Court in Hartford on Tuesday that an exception to the 2005 law allows lawsuits against companies that know or should reasonably be expected to know that their products are likely to be used "in a manner involving unreasonable risk of physical injury to the person or others."
It's a claim called "negligent entrustment," and it has often been argued in cases involving unlicensed or reckless drivers who cause injuries when they're driving someone else's vehicle.
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I don't see the parallel. If anything, the gunmen are very proficient with the products.
Firearms are much simpler to operate than cars. To blame the manufacturers for illegal possession or use of their products won't go anywhere in the courts.
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It's a stretch argument.
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I wonder if the dad who lost his daughter whom was smiling seconds before his interview is part of the law suit?
https://www.youtube.com/watch?v=M8t8mSt14Ng