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In reply to the discussion: Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster [View all]branford
(4,462 posts)However, there are a number of potential civil defendants if the parents seek redress (note that only half the families appear to be involved in the lawsuit). For instance, the school district and Lanza's mother's estate may be viable under certain legal theories, although whether the parents could actually prevail is uncertain.
Your invective and expletives appear to indicate that your complaint is that the gun manufacturer cannot be sued. However, even without the PLCAA, as I've discussed repeatedly above, I don't see how any plaintiff could demonstrate legally cognizable negligence. Firearms and their manufacture are perfectly legal (and constitutionally protected), and hatred of objects and those who produce, own or carry them does not constitute a basis for legal negligence. In fact, the PLCAA was passed primarily to prevent individuals and groups from filings frivolous lawsuits against those in the firearms industry, and enact social policy by bankrupting legitimate businesses who had not broken laws. The PLCAA does not grant immunity when a firearm is actually defective. However, when a firearm works as intended and designed, it does not constitute a flaw, despite the protestations of many here on DU and elsewhere.
The outcome would be no different if Lanza stole his mother's car and ran over the children. The manufacturers and dealers of the car would have no liability for its criminal misuse.
Lastly, people are more than capable of feeling sorrow and sympathy for the families and still not believe that upending decades of product liability and related jurisprudence is a proper or appropriate method to address a problem, no less concerning objects protected by the Constitution.
When you accuse others of being "trash" and "shitheads" when they choose not to adopt you position, you might be better describing yourself. It is no wonder easy and constitutional solutions like universal background checks cannot pass if individuals like yourself are the ones negotiating on the gun control side.