Sandy Hook victim's families to sue Bushmaster

[MDS]

"Other drunk drivers have killed children while operating a Ford, so Ford should have foreseen that their cars were inherently dangerous to children..."

In fact, given how many children die in car accidents, I may be criminally negligent every time I strap my boys into their car seats. I don't even keep my kitchen knives in a safe, for crying out loud. Where do I turn myself in?

[Peally]

FEMA processing camp A-642. Location 37.2350° N, 115.8111° W.


Get moving citizen!

[TR675]

However, wouldn't the plaintiffs try to argue that the misuse of the firearm was foreseeable, given the AR-15's use in other prior active shooting events?

In the Sandy Hook case I doubt they would get as far as foreseeability. There are other elements (duty, breach of duty) and defenses (intervening negligence by another party that is the sole proximate cause of the injuries) that are probably going to get in the way before you get that far. This is only applicable to negligence and is pretty simplified.

[Totem Polar]

FEMA processing camp A-642. Location 37.2350° N, 115.8111° W.


Get moving citizen!

[Tamara]

So, this is counting on the Lawful Commerce in Arms Act's "Negligent Entrustment" exception?

(ETA: I'm not even seeing how that would apply... How does this not get bounced by the Lawful Commerce in Arms Act? Will one of you lawyer dudes explain what I'm missing?)

[TR675]

So, this is counting on the Lawful Commerce in Arms Act's "Negligent Entrustment" exception?

(ETA: I'm not even seeing how that would apply... How does this not get bounced by the Lawful Commerce in Arms Act? Will one of you lawyer dudes explain what I'm missing?)

Heh. I didn't forget about that. Seriously...

Nah, Lawful Commerce will probably bounce this on its own. But I don't think the case has merit under basic tort principals even if it didn't apply.

[GJM]

By chance, a buddy called from CT this evening. He said there is about to be a release of information from the shooting, and that "insiders" know that the BM AR jammed, and the deaths or substantially all the deaths were the result of 9mm handgun wounds. I know nothing, but if this turned out to be true, I suspect this lawsuit will not have legs.

Google turned up this:

http://guardianlv.com/2013/11/sandy-...n-be-unveiled/

[Jakemd98]

http://www.casebriefs.com/blog/law/t...turn-ruger-co/

Ruger went through this and won...

[Tamara]

...the BM AR jammed...

Well, that'd be a first. :|

[joshs]

By chance, a buddy called from CT this evening. He said there is about to be a release of information from the shooting, and that "insiders" know that the BM AR jammed, and the deaths or substantially all the deaths were the result of 9mm handgun wounds. I know nothing, but if this turned out to be true, I suspect this lawsuit will not have legs.

Google turned up this:

http://guardianlv.com/2013/11/sandy-...n-be-unveiled/

This report makes it pretty clear that the Bushmaster was the primary firearm used:http://www.ct.gov/csao/lib/csao/Sand...nal_Report.pdf

Nonetheless, the PLCAA is a pretty substantial hurdle to going after Bushmaster.


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