Why Shooting Victims Can’t Win Lawsuits Against Gunmakers
If legislators won’t pass tougher gun control, the argument goes, then crusading lawyers will seek justice in court. But the strategy hasn’t worked in the past—and it won’t work in the future. But Bloomberg Businessweek says gun-control advocates’ plans have some basic weaknesses.
The latest attempt to sue a gunmaker for firearm mayhem is under way in Connecticut.
Businessweek says lawyers working on the Sandy Hook suit know they will run into the liability-shield law, and they think they have a solution: an exception in the law that allows suits based on the theory of “negligent entrustment.” Under the shield law a defendant can still be held liable for entrusting a dangerous product to another party who then causes harm to a victim or victims.
