Should Gun Companies be Liable in Personal Injury Lawsuits?

A Connecticut judge recently ruled that a lawsuit against the maker of the rifle used in the 2012 Sandy Hook Elementary School shooting can move forward. According to CBS News, a judge found that Sandy Hook victims and their families have the right to sue the maker of the AR-15 semi-automatic gun used in the shooting under the claim that a military weapon should not have been sold to civilians. The lawsuit claims that the company knew that its products could cause injury to others.

Previously, similar personal injury lawsuits have been tossed because gun companies are protected under the Protection of Lawful Commerce in Arms Act. This act gives gun makers a great deal of protections in legal cases brought against them when people are injured or killed by guns. Yet, according to Mother Jones, the families claim not that guns in general cause injury, but that one specific type of gun, namely the AR-15, was unfit to sell to civilians. The claim is that civilians should not be sold semi-automatic rifles. If the families win this lawsuit, the victory could have immense implications for the gun industry. Other families and individuals injured in gun violence may come forward seeking personal injury damages for their losses. As it stands, due to the widespread protections afforded to gun companies, few personal injury lawyers are likely to take on claims against gun manufacturers. Yet, if a precedent is set with the Sandy Hook case, more personal injury lawyers, such as Melocowsky & Melocowsky, may be willing to review cases.

The families argue that the rifles posed a particular risk for mass shootings, like the kind that took place in Sandy Hook.

Many people disagree with the overarching protections that the Protection of Lawful Commerce in Arms Act provides to gun makers. It shields companies from negligence in cases where individuals suffer immense losses due to gun violence and accidents. The Connecticut judge’s ruling shows that the law doesn’t offer overarching immunity to gun manufacturers and it opens the door to Sandy Hook victims receiving compensation for their losses from the gun company.

Of course, the case still needs to be won before we are likely to see its impact. Many argue that the most effective way to offer greater protections to families is to overturn the PLCAA. Yet, advocates for an individual’s right to carry arms aren’t likely to back down in the fight to maintain protections for gun owners.

The issue is highly contentious.

Until the Sandy Hook case reaches a conclusion, families and victims of gun violence still have other options. Victims of gun violence can seek personal injury compensation from those whose negligent gun use or intentional actions resulted in damages. The personal injury law firm of Melocowsky & Melocowsky offers caring and compassionate counsel to accident victims. If your life has been impacted by gun violence, you may have a range of civil legal protections available to you.