While the national news has been filled in recent months with the tragic accounts of mass shootings in different parts of the country, every day local news reports contain stories of gunshot injuries and deaths.
Recently, the liability of gun manufacturers has been an issue in the presidential campaign. Politicians disagree on how much protection gun manufactures should have from lawsuits.
Brief History of Gun Manufacturer Liability
During the 1990’s and early 2000’s, several large suits were filed against gun manufacturers The suits claimed that the companies were not doing enough to make their products safe or to track how their products were being used.
Thirty cities, including New York City, filed an aggressive lawsuit seeking hefty damages.
As a result of lobbying efforts from groups such as the NRA and the gun manufacturers, a law was passed in 2005 that shielded the companies from class actions and mass tort cases. This law was called the Protection of Lawful Commerce in Arms Act (PLCAA).
Current Law
The PLCAA did not shield gun manufacturers from all liability. Like the makers of any product, gun makers can be sued if their product is defective. Just like car companies can be sued if their cars suddenly catch on fire, gun companies can be sued if their guns backfired because of a design flaw.
However, when you point to gun at someone and pull the trigger, and the person is hurt or killed, the gun did not malfunction—the product worked as designed.
Some advocates argue that holding gun manufacturers liable for gun deaths is like holding car companies liable for DUI deaths. However, one leading scholar has a different legal theory—his analogy is that gun manufacturers may be more like bartenders than car companies.
Many states have so-called dram shop laws that allow for bars and taverns to be sued for knowingly or recklessly serving alcohol to someone who has already had too much to drink. If that drunk patron than leaves and injures someone, the bar or tavern can be sued.
The idea is that gun manufacturers may be responsible if they are knowingly or recklessly allowing their dangerous products into the wrong hands. While the debate over the right response to gun violence continues, communities will continue to deal with new reports of gun violence.
If you have been accused of a crime, you will need professional legal assistance. Before you speak with anyone about your case, please consult a skilled Schaumburg criminal defense attorney. Call Glasgow & Olsson at 847.577.8700 to schedule your consultation today.
Source:
http://www.npr.org/sections/itsallpolitics/2015/10/06/446348616/fact-check-are-gun-makers-totally-free-of-liability-for-their-behavior