Suing Gun Manufacturers

[DebateChallenge]

So some politicians want to be able to sue gun manufacturers and they want to get rid of so called "protections" that keep gun manufacturers from being sued. Well I don't see what all the fuss is about since gun manufacturers can be sued and its never been any different. If anybody thinks gun manufacturers can't be sued, here is an example.

Savage Arms Sued For Exploding Barrel - AllOutdoor.com

Savage Arms has been hit with a lawsuit over its 10ML-II stainless steel muzzleloader rifle. Ronald Hansen, a farmer from Hampton, Iowa, loaded the rifle as he had done before. Aimed at the target, and pulled the trigger. Rather than the bullet hitting the target, the barrel exploded, severely...

www.alloutdoor.com

 

[Captain Adverse]

So some politicians want to be able to sue gun manufacturers and they want to get rid of so called "protections" that keep gun manufacturers from being sued. Well I don't see what all the fuss is about since gun manufacturers can be sued and its never been any different. If anybody thinks gun manufacturers can't be sued, here is an example.

Savage Arms Sued For Exploding Barrel - AllOutdoor.com

Savage Arms has been hit with a lawsuit over its 10ML-II stainless steel muzzleloader rifle. Ronald Hansen, a farmer from Hampton, Iowa, loaded the rifle as he had done before. Aimed at the target, and pulled the trigger. Rather than the bullet hitting the target, the barrel exploded, severely...

www.alloutdoor.com

The difference is that "they" want gun manufacturers to be sued if someone obtains a gun and then uses it in gun crimes. Especially those labeled "mass shootings."

They are trying to include end-user misuse with standard liability for a faulty product.

That's like saying if a driver of a car or truck intentionally uses the vehicle to "mow down" pedestrians, or smash into property, then the car manufacturers should be liable for such misuse.

 

[swing_voter]

Supreme Court has allowed Sandy Hook parents to sue Remington

Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed : NPR


Remington manufactured the Bushmaster AR-15-style rifle that Adam Lanza used on Dec. 14, 2012, to kill 20 first-graders and six adults at the elementary school in Newtown, Conn.

The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."



.

 

[Captain Adverse]

Supreme Court has allowed Sandy Hook parents to sue Remington

Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed : NPR

The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."

The Court is correct in allowing this suit to continue, as long as the issue concerns the bolded section above.

The burden would then fall on the plaintiff's to show via preponderance of the evidence that the gun manufacturer's advertising did exactly what the bolded alleged (aggressive use against human beings, NOT self-defensive use) and that this led to the use by the end-user.

 

[Binary_Digit]

Should knife makers be sued when someone gets stabbed?

 

[Artymoon]

Going after a manufacturer for selling a faulty product is a no brainer. Going after a manufacturer because an end user misused the product is insanity. The Sandy Hook suit is insanity x 100. He could have stolen and used any gun, it just happened to be one manufactured by Remington.

 

[Aunt Antifa]

Should knife makers be sued when someone gets stabbed?

Are their knives marketed to murder people efficiently?

 

[Noodlegawd]

Supreme Court has allowed Sandy Hook parents to sue Remington

Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed : NPR


Remington manufactured the Bushmaster AR-15-style rifle that Adam Lanza used on Dec. 14, 2012, to kill 20 first-graders and six adults at the elementary school in Newtown, Conn.

The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."



.

Yeah, and the fact that this lawsuit is still going on is more than enough proof that firearm manufacturers in particular need some level of protection from frivolous lawsuits.

 

[Noodlegawd]

The Court is correct in allowing this suit to continue, as long as the issue concerns the bolded section above.

The burden would then fall on the plaintiff's to show via preponderance of the evidence that the gun manufacturer's advertising did exactly what the bolded alleged (aggressive use against human beings, NOT self-defensive use) and that this led to the use by the end-user.

If the judge in the case was anything other than a political hack, she would have thrown out this claim without some showing from the plaintiffs of any reason whatsoever to believe that Lanza ever even saw this marketing, let alone that his actions were influenced by it. As far as I can call, they never even alleged this, which should have been fatal to their case.

 

[CLAX1911]

So some politicians want to be able to sue gun manufacturers and they want to get rid of so called "protections" that keep gun manufacturers from being sued. Well I don't see what all the fuss is about since gun manufacturers can be sued and its never been any different. If anybody thinks gun manufacturers can't be sued, here is an example.

Savage Arms Sued For Exploding Barrel - AllOutdoor.com

Savage Arms has been hit with a lawsuit over its 10ML-II stainless steel muzzleloader rifle. Ronald Hansen, a farmer from Hampton, Iowa, loaded the rifle as he had done before. Aimed at the target, and pulled the trigger. Rather than the bullet hitting the target, the barrel exploded, severely...

www.alloutdoor.com

They want a specifically be able to sue a gun manufacturer for the actions of someone independent of the gun manufacturer. It's really just an effort to try and put gun your manufacturers out of the business so they can get gun control.

If somebody deliberately runs over 15 pedestrians with a BMW we don't then let the victims families Sue BMW they weren't at fault.

 

[zsu2357]

="swing_voter, post: 1073785238, member: 35045"]
Supreme Court has allowed Sandy Hook parents to sue Remington

Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed : NPR


Remington manufactured the Bushmaster AR-15-style rifle that Adam Lanza used on Dec. 14, 2012, to kill 20 first-graders and six adults at the elementary school in Newtown, Conn.

The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."

="swing_voter, post: 1073785238, member: 35045"]
Supreme Court has allowed Sandy Hook parents to sue Remington

Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed : NPRhttps://www.npr.org/2019/11/12/7784...ok-families-case-against-remington-to-proceed
So what's wrong here?
"knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings." REALLY. Yeah! Sure! You bet!

Remington manufactured the Bushmaster AR-15-style rifle that Adam Lanza used on Dec. 14, 2012, to kill 20 first-graders and six adults at the elementary school in Newtown, Conn.

Remington manufactured it yes true, but was it in someway flawed that it somehow had an effect on the finale user. I won't say end user that was Lanza's mother. As I said before I doubt she left the safe open with loaded guns galore. More like Lanza murdered her and took the key.

The families first filed their lawsuit in December 2014, saying the Bushmaster rifle never should have been sold to the public because it is a military-style weapon. They accuse Remington of violating Connecticut's unfair trade practices law when it "knowingly marketed and promoted the Bushmaster XM15-E2S rifle for use in assaults against human beings."

Now I'm confused here.
1: Remington is the manufacturer, we've established that much
2: Was there a retailer involved?
3: Did Ms. Lanza pick up her AR direct from the manufacturer?
4: Are they being sued also or just Remington since it's probably the biggest cash cow and set a precedence if indeed she did buy retail.

Setting a precedence like that is risky business since anything could be referred back to it. That car ,that cell phone, that computer the homegrown terrorist used are all fair game.[/QUOTE]

 

[BlueTex]

They want a specifically be able to sue a gun manufacturer for the actions of someone independent of the gun manufacturer. It's really just an effort to try and put gun your manufacturers out of the business so they can get gun control.

If somebody deliberately runs over 15 pedestrians with a BMW we don't then let the victims families Sue BMW they weren't at fault.

What law prevents someone from suing BMW in the scenario you present. Be specific

 

[CLAX1911]

What law prevents someone from suing BMW in the scenario you present. Be specific

Well in order to sue somebody you have to have standing. Which is injury. Monetarily or physically. The car didn't malfunction it didn't psychically tell the person driving it to run over people.

So BMW isn't the injurious party. You would have to show me how they injured somebody by manufacturing a car.

 

[Rich2018]

So some politicians want to be able to sue gun manufacturers and they want to get rid of so called "protections" that keep gun manufacturers from being sued. Well I don't see what all the fuss is about since gun manufacturers can be sued and its never been any different. If anybody thinks gun manufacturers can't be sued, here is an example.

Savage Arms Sued For Exploding Barrel - AllOutdoor.com

Savage Arms has been hit with a lawsuit over its 10ML-II stainless steel muzzleloader rifle. Ronald Hansen, a farmer from Hampton, Iowa, loaded the rifle as he had done before. Aimed at the target, and pulled the trigger. Rather than the bullet hitting the target, the barrel exploded, severely...

www.alloutdoor.com

That's a lawsuit over a technical deficiency of the product

The legal action in question, is whether gun companies can be sued because how well their products work.

If you still don't understand, take a look at $billion lawsuits filed against US tobacco companies.

 

[craig]

Are their knives marketed to murder people efficiently?

Show me the marketing. Links please.

 

[craig]

That's a lawsuit over a technical deficiency of the product

The legal action in question, is whether gun companies can be sued because how well their products work.

If you still don't understand, take a look at $billion lawsuits filed against US tobacco companies.

Cell phone companies will be next.

 

[Aunt Antifa]

Show me the marketing. Links please.

I’m the one asking the q. You show me the link.

 

[Fledermaus]

Are their knives marketed to murder people efficiently?

Yes.

https://www.knifecenter.com/shop/combat-knives

 

[Aunt Antifa]

Cell phone companies will be next.

Why’s that?

 

[Fledermaus]

Why’s that?

Cell phones have been detonators for IEDs.

 

[craig]

I’m the one asking the q. You show me the link.

Of course you know you were making a statement about gun marketing. Show the links.

 

[Aunt Antifa]

Cell phones have been detonators for IEDs.

Cleaning agents can be used in explosives; nails in bombs.

You already know your analogy is a dog.

 

[craig]

Why’s that?

They are being used to talk people into killing themselves.

 

[Aunt Antifa]

Of course you know you were making a statement about gun marketing. Show the links.

Okay:

U.S. Supreme Court declines to shield gun maker from Sandy Hook lawsuit

The U.S. Supreme Court on Tuesday dealt a blow to the firearms industry, rejecting Remington Arms Co's bid to escape a lawsuit by families of victims aiming to hold the gun maker liable for its marketing of the assault-style rifle used in the 2012 Sandy Hook school massacre...

www.reuters.com

Beyond that, a gun exists for one thing. Kill people.

 

[Aunt Antifa]

They are being used to talk people into killing themselves.

That was an even dumber take than the other poster tried.