Wrongful Death Lawyer and Ohio Gun Liability Attorney reviewing a recent product liability ruling regarding the class action Sandy Hook lawsuit
In a landmark ruling, the Connecticut Supreme Court ruled that Remington, the gun maker and manufacturer of Bushmaster AR-15 assault rifles, can be sued over how it marketed its rifle, which has been used in deadly mass shootings, namely in the Sandy Hook Elementary School massacre that left 20 children and six educators dead in 2012.
The Sandy Hook lawsuit is a unique challenge to gun companies, which have been protected in years past, but may potentially be held liable for crimes committed with their products.
The ruling is important for consumer safety advocates and brings to the forefront questions over federal gun regulations and corporate accountability. The Protection of Lawful Commerce in Arms Act (PLCAA) shields gun manufacturers and retailers from liability in lawsuits brought by victims of gun violence. But the law allows exceptions for marketing practices that violate state or federal laws and instances of negligent entrustment, in which a weapon is carelessly sold to a person posing a high risk of misusing it. The lawsuit targets the manufacturer, Remington, along with a wholesaler and retailer.
This ruling could establish legal precedent, leading to more lawsuits targeting gun manufacturers over their unethical marketing of extremely dangerous products. The wrongful death lawsuit against Remington was filed by a Sandy Hook survivor and relatives of nine others killed in the school shooting.
The class action Sandy Hook lawsuit claims companies are negligent in entrusting an untrained civilian with a weapon designed for maximizing fatalities on a battlefield. Lawyers say the company advertising, full of combat dominance and hyper-masculinity, resonates with disturbed young men.
Joe Lyon is an experienced product liability and Ohio gun liability attorney reviewing the Sandy Hook lawsuit and representing plaintiffs nationwide in defective firearm litigation, firearm negligence, and gun violence lawsuits.
The Sandy Hook lawsuit is critical in directly challenging gun companies who have long been shielded from product liability litigation when their weapons are used in crimes. The ruling creates a potential opening in bringing wrongful death claims against companies like Remington who manufacture deadly weapons and market them to the general public.
The battle between gun control advocates and the powerful gun lobby is not likely to diminish any time soon, though further product liability litigation has the potential to change how corporate gun manufacturers make their products available to the consumer. Gun manufacturers may be held legally responsible when their products are used in certain crimes, as argued by attorneys in the Sandy Hook lawsuit.
In the Sandy Hook lawsuit, plaintiffs are evaluating the marketing for the AR-15-style Bushmaster used in the attack, which invoked violence with slogans like “Consider your man card reissued.” Attorneys in the class action lawsuits say the Remington message was meant to appeal to troubled men.
The Connecticut ruling found that federal protections cannot prevent families from bringing lawsuits based on wrongful marketing claims, and the case can move ahead based unfair trade practice laws.
The Lyon Firm is dedicated to holding gun manufacturers accountable for defective gun marketing and consumer negligence related to gun violence and gun liability statutes.
If you or a loved one has suffered an injury or wrongful death due to gun violence, and have questions about the legal options available, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, an Ohio Gun liability attorney, and he will help you answer these critical questions.