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JDPriestly

(57,936 posts)
25. You are most likely right.
Thu Apr 14, 2016, 02:51 PM
Apr 2016

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.

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So the judge throws the case out at a later stage. hack89 Apr 2016 #1
Did the alarm go out? Darb Apr 2016 #7
Dammit - how did you find out! Foiled again! nt hack89 Apr 2016 #11
When the sun comes up ................ Darb Apr 2016 #13
It is good to know what I have to when I want to talk to you hack89 Apr 2016 #15
I am in lots of threads, you are not. Darb Apr 2016 #16
So tell me - is your hair shirt tailor made or off the rack? nt hack89 Apr 2016 #23
Whatever, just call them as I see them, Darb Apr 2016 #27
That's nice hack89 Apr 2016 #30
Bye for now. Darb Apr 2016 #36
You seem to be happy about that. George II Apr 2016 #17
Yes I am hack89 Apr 2016 #28
Not to mention the gun was stolen Press Virginia Apr 2016 #107
So, What Makes The AR-15 Only Suitable For Law Enforcement - It Is No Different Than Other cantbeserious Apr 2016 #91
Beats me. Probably the color. nt hack89 Apr 2016 #92
Did you try wiki? cstanleytech Apr 2016 #118
How Is The AR-15 Different Than Any Other Semi-Automatic Rifle That Citizens Can Purchase Today? cantbeserious Apr 2016 #119
You tell me since your the expert as I have very little actually experience with guns from which cstanleytech Apr 2016 #120
The Answer Is - There Is No Practical Difference - Aside From Perception - Functionally All cantbeserious Apr 2016 #122
So they all fire the same caliber of bullet at the same rate and muzzle velocity? cstanleytech Apr 2016 #123
Rate Of Fire - As Fast As The Trigger Can Be Squeezed - Bullet Caliber - Gun Owner Choice cantbeserious Apr 2016 #124
So the owners have to modify the gun to change it from a say a 22 to a 50 cal? cstanleytech Apr 2016 #129
AR-15 Is Not Made In 50 Caliber - 50 Caliber Firearms Strictly Controlled - Plethora Of Cartridges cantbeserious Apr 2016 #130
They can be chambered in 50 Beowulf. (sp) oneshooter Apr 2016 #140
It will be dismissed soon ... and then the plaintifs will be hit with a huge judgement NashuaDW Apr 2016 #2
Who creates an ID at a liberal site only to post a few times over 7 years in the Gungeon? onehandle Apr 2016 #5
My guess would be someone who actually has a life other than Purveyor Apr 2016 #70
Boom! 7962 Apr 2016 #77
ZING! Callmecrazy Apr 2016 #100
Inevitable Jury Results kdmorris Apr 2016 #86
Good lord. "Secret republican". Oldie but a goodie 7962 Apr 2016 #137
This message was self-deleted by its author Go Vols Apr 2016 #88
I am one of those types as well. Big_Mike Apr 2016 #93
Yeah, I don't understand this - the law is explicitly clear. Elmer S. E. Dump Apr 2016 #8
Yeah - there's nothing we can do... yallerdawg Apr 2016 #26
The marketing is somewhat testosterone-laden. AtheistCrusader Apr 2016 #42
If you wanted to produce mass casualties in an elementary school... yallerdawg Apr 2016 #49
The Va Tech shooter choose two handguns hack89 Apr 2016 #55
What could gun manufacturers do... yallerdawg Apr 2016 #60
Not much at the moment hack89 Apr 2016 #66
There is no firearm mild enough to be 'less lethal' against a child's body. AtheistCrusader Apr 2016 #57
That's a pretty profound indictment of guns. yallerdawg Apr 2016 #68
To my knowledge, nobody is marketing guns as non-lethal toys. AtheistCrusader Apr 2016 #71
If you look at the ammunition sold for the AR15 .223 Angel Martin Apr 2016 #74
Varmint rounds. yallerdawg Apr 2016 #82
223 or birdshot or even a 22 rimfire will work Angel Martin Apr 2016 #96
More guns! yallerdawg Apr 2016 #109
the laws and regulations have to Angel Martin Apr 2016 #114
You are most likely right. JDPriestly Apr 2016 #25
Yes, manufacturer through promotion of their guns and use of the captive NRA to shill for the dang Hoyt Apr 2016 #34
Marketing is bullshit, news at 11. AtheistCrusader Apr 2016 #48
The AR-15. yallerdawg Apr 2016 #53
And? Not legal in my state for hunting deer. Want to know why? AtheistCrusader Apr 2016 #65
However you look at it, the gun culture is responsible for Sandy Hook. And gun profiteers have Hoyt Apr 2016 #78
Sandy hook is not the most devastating school attack in US history. AtheistCrusader Apr 2016 #84
I don't care if it is one racist yahoo shooting an unarmed teenager, gun crud has gone on too long. Hoyt Apr 2016 #90
Good luck with that attitude. The difference in ownership between republicans and democrats in the AtheistCrusader Apr 2016 #94
Better than the sick attitude of those who this ad was aimed at. Hoyt Apr 2016 #97
I agree. AtheistCrusader Apr 2016 #99
I'm glad you've studied up on the best loads to kill unarmed teens. Sounds like a fun hobby. Hoyt Apr 2016 #103
I'm glad you're still making up bullshit as you go. AtheistCrusader Apr 2016 #105
Horseshit. Adam Lanza and his idiot mother are responsible for Sandy Hook. Period. Lizzie Poppet Apr 2016 #154
BS back, gun profiteers and those who love the dang things are. As are NRA Hoyt Apr 2016 #162
finally, some sense on this subject Angel Martin Apr 2016 #83
It's even worse for the military. AtheistCrusader Apr 2016 #98
i know some of the US special ops forces Angel Martin Apr 2016 #113
binkie for scared little boys reissued saturnsring Apr 2016 #75
And then people will fault Bernie for the settlement these folks have to pay out. frylock Apr 2016 #85
LOL Skittles Apr 2016 #115
Crush them. onehandle Apr 2016 #3
Ignorant question: Why? nt phazed0 Apr 2016 #9
Same for brewers and distillers I assume? hack89 Apr 2016 #14
Of course. Because beer is manufactured for the sole purpose of killing things? Amimnoch Apr 2016 #18
So the people it kills and the suffering it causes is justified? hack89 Apr 2016 #20
Is my cousin less dead sarisataka Apr 2016 #22
If he plunked down money at the liquor store WHILE DRUNK, ... JustABozoOnThisBus Apr 2016 #35
I apply that same standard sarisataka Apr 2016 #46
The manufacturer could argue that the assault weapons are made for self-defense or for sport. JDPriestly Apr 2016 #29
The manufacturer of tobacco products was held responsible for maiming and deaths. Sheepshank Apr 2016 #43
There are over 9 million of those specific rifles in civilian circulation AtheistCrusader Apr 2016 #51
Forget the percentage of crimes committed with rifles Tab Apr 2016 #117
9 million. That's a lot. AtheistCrusader Apr 2016 #125
Then maybe it's not as insignificant as people are arguing Tab Apr 2016 #134
I don't think it's insignificant. AtheistCrusader Apr 2016 #143
Brewers and distilleries don't design their product to more effectively and violently... George II Apr 2016 #19
Yet it kills just as many people as guns. hack89 Apr 2016 #21
Good point! JDPriestly Apr 2016 #31
Celebrate!!! yallerdawg Apr 2016 #32
Include suing brewers and distillers out of business? nt hack89 Apr 2016 #33
I don't know of any alcoholic beverage... yallerdawg Apr 2016 #37
So the actual death toll and impact on society is irrelevant? hack89 Apr 2016 #41
There's that NRA spin again (like what Bernie said). yallerdawg Apr 2016 #45
Pure security theater hack89 Apr 2016 #50
Your answer is... yallerdawg Apr 2016 #56
There are lots of things we can do hack89 Apr 2016 #62
I'm down with Registration. But it needs iron clad protections to ensure it not be mis-used AtheistCrusader Apr 2016 #72
Drinkers, drink unto themselves.... Sheepshank Apr 2016 #47
So we can discount the two thirds of gun deaths that are suicides? Good. hack89 Apr 2016 #52
Twist my words any way you wish...I did not say alcohol doesn't wreck lives Sheepshank Apr 2016 #121
No comparison between guns and tobacco hack89 Apr 2016 #136
Deceiving the public that the product was harmless Sheepshank Apr 2016 #145
Let's think about that for a second. hack89 Apr 2016 #146
I have the solution to this debate. Jackie Wilson Said Apr 2016 #58
Actually, breweries and distilleries are not immune from prosecution like gun makers are. beastie boy Apr 2016 #44
So if I bought a six pack from 7-11, got drunk and killed someone hack89 Apr 2016 #59
It will be up to the courts to decide. beastie boy Apr 2016 #80
You know that gun manufacturers don't sell directly to the public hack89 Apr 2016 #87
You were trying to push a false analogy. beastie boy Apr 2016 #106
In the case of Sandy Hook AtheistCrusader Apr 2016 #108
I am sure the plaintiffs are aware of this. beastie boy Apr 2016 #111
The strategy in play here seems in line with the claimed tactic that led to the PLCAA AtheistCrusader Apr 2016 #116
Once again, what this thread is about is merely an expectation on the part of the plaintiffs beastie boy Apr 2016 #131
Similar protections should be extended to other products. AtheistCrusader Apr 2016 #142
I must conclude you are in favor of protecting the tobacco and asbestos industries as well beastie boy Apr 2016 #152
Those makers misrepresented the danger of the products. AtheistCrusader Apr 2016 #153
"Tobacco and Asbestos represented that their products were safe." Do gun makers represent their beastie boy Apr 2016 #155
My carry handgun has seven separate safties to prevent discharge unless AtheistCrusader Apr 2016 #156
Show me one gun ad that markets the product as an instrument for killing. beastie boy Apr 2016 #157
Rule number one of firearms. AtheistCrusader Apr 2016 #158
A few technicalities. beastie boy Apr 2016 #160
It's their front page ad. That's an advertisement. AtheistCrusader Apr 2016 #161
It is "patently false" that people use guns as instruments for personal protection? Marengo Apr 2016 #163
An awkward choice of words on my part. beastie boy Apr 2016 #164
Yep Jackie Wilson Said Apr 2016 #54
Sorry, but it'll never happen. 7962 Apr 2016 #79
You urban Democrats are killing us in flyover country. LAGC Apr 2016 #104
Then so are the automobile, swimming pool, and even the bathtub industries. And what about booze? Or Big_Mike Apr 2016 #110
if only there were a debate tonight where this could be discussed, nt geek tragedy Apr 2016 #4
Ding! Ding! Ding! onehandle Apr 2016 #6
Indeed, I hope they discuss it. JonLeibowitz Apr 2016 #10
If Clinton is the Democratic nominee, I will support her rockfordfile Apr 2016 #149
Ah, loyalty oaths, how cute. Goodbye. JonLeibowitz Apr 2016 #150
Protection of Lawful Commerce in Arms Act (PLCAA) MosheFeingold Apr 2016 #12
is that not the bill Hillary voted against and Bern voted for? Cryptoad Apr 2016 #24
Yes. And Brady was the opposite -- she favored Brady and he opposed. n/t pnwmom Apr 2016 #39
Wow, talk about opening a 55 gallon drum of worms tularetom Apr 2016 #38
GM and the taxpayers being sued for every drunk that has a car wreck, for example. jtuck004 Apr 2016 #64
Nonsense. Jackie Wilson Said Apr 2016 #126
Dafuq is an AR-16? AtheistCrusader Apr 2016 #40
The article at the link says "AR-15". JustABozoOnThisBus Apr 2016 #61
It was a 'derp' moment by the author. AtheistCrusader Apr 2016 #69
LOL tularetom Apr 2016 #63
The AR-15 is the semiautomatic civilian version of the M-16. AtheistCrusader Apr 2016 #67
Duh tularetom Apr 2016 #73
My bad. I didn't catch the sarcasm. AtheistCrusader Apr 2016 #76
This isn't relevant to your accurate post about AR-15 and M-16, but for a little trivia, my braddy Apr 2016 #95
Yeah, the '15 was ready for the field prior to the '16. AtheistCrusader Apr 2016 #102
I have three of them, left to me by my Dad. oneshooter Apr 2016 #138
That's pretty cool. AtheistCrusader Apr 2016 #144
So the end result is that bushmaster will spend more on legal fees. Travis_0004 Apr 2016 #81
Only if the judge decides to reward the gun profiteers. Hoyt Apr 2016 #101
You see it as rewarding. TM99 Apr 2016 #127
Yeah, Sanders' supported law to protect corporate gun profiteers. Hoyt Apr 2016 #133
No he opposed frivolous TM99 Apr 2016 #135
you sound like a republican. supporting gun makers. rockfordfile Apr 2016 #148
You sound like a partisan hack TM99 Apr 2016 #165
If I make a product called "Poison In A Can" or "Dynamite For Fun", both products clearly Jackie Wilson Said Apr 2016 #128
You mean like rat poison? X_Digger Apr 2016 #141
The only people who will be making out in this are the plaintiff's attorneys. Ikonoklast Apr 2016 #89
Excellent. nt msanthrope Apr 2016 #112
Keep in mind only some of the Sandy Hook families are parties to this frivolous lawsuit. Kang Colby Apr 2016 #132
Sanders must be crying in his beer Politicub Apr 2016 #139
We need a law to make this happen. The gun manufactures should be liable rockfordfile Apr 2016 #147
As should auto makers, knife makers, oneshooter Apr 2016 #151
Kicking the can down the road. Calista241 Apr 2016 #159
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