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In reply to the discussion: A judge just dealt a blow to a big gun-maker being sued over the Sandy Hook massacre [View all]JDPriestly
(57,936 posts)Unless the manufacturer somehow did some negligent or intentional act that caused the deaths and the shooting, I do not see how, under products liability law, a plaintiff who bears the burden of proof can prove that the manufacturer of a legal product that was not defective, that functioned as it was supposed to, that was not directly sold by the manufacturer to the person who used the product for an unintended and evil purpose, caused damages and death.
I just don't see how that is possible.
It would just be too easy to argue for the defendant manufacturer in this situation.
The law could be changed, but I think we would have to change the Constitution to do it.
Anyone see this differently from a legal point of view? Any argument that the manufacturer somehow caused the children's deaths in light of the fact that just manufacturing a legal product, arguably legal under the Constitution as far as the law is concerned at this point, can render a defendant liable under products liability law. This would be strict liability, and I don't see how that is possible for gun manufacturers now.