martybegan
Diamond Member
- Apr 5, 2010
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The concept behind the tobacco lawsuit was that they were selling a product and not telling people it was dangerous. People know guns can be dangerous if used improperly.
The gun companies are selling thier products to people who can legally buy them. Just as you cannot sue a car manufacturer for the actions of a drunk driver, you cannot sue a gun manufactuerer for the actions of a homicidal maniac.
As for the store owners, if they sold a weapon to somone banned from owning one, they should be proscecuted. Considering Lanza KILLED HIS MOM AND STOLE HER GUNS, and she was a legal gun owner, i cant see the store being held liable.
Okay, couple of points.
Everyone knew that cigarettes cause cancer back to the 1920's. Probably earlier. The Tobacco companies were marketting to children and increasing the nicotine levels to make them more addictive. THAT'S why they were held liable and forced to comply with a bunch of new rules.
In fact, you could sue gun sellers and makers at one point. When John Mohommed went on his shooting rampage, lawsuits were brought against Bushmaster and the gun store.
Beltway sniper attacks - Wikipedia, the free encyclopedia
On January 16, 2003, the Legal Action Project of the Brady Center to Prevent Gun Violence, on behalf of the families of many of the victims of the Beltway sniper attacks who were killed (including Hong Im Ballenger, "Sonny" Buchanan, Jr., Linda Franklin, Conrad Johnson, Sarah Ramos and James L. Premkumar Walekar) as well as two victims who survived the shooting (Rupinder "Benny" Oberoi and 13-year old Iran Brown) filed a civil lawsuit against Bull's Eye Shooter Supply and Bushmaster Firearms, Inc. of Windham, Maine, the gun distributor and manufacturer that made the rifle used in the crime spree, as well as Borgelt, Muhammad and Malvo. Muhammad, who had a criminal record of domestic battery, and Malvo, a minor, were each legally prohibited from purchasing firearms.
The suit claimed that Bull's Eye Shooter Supply ran its gun store in Tacoma, Washington, "in such a grossly negligent manner that scores of its guns routinely "disappeared" from its store and it kept such shoddy records that it could not account for the Bushmaster rifle used in the sniper shootings when asked by federal agents for records of sale for the weapon." It was alleged that the dealer could not account for hundreds of guns received from manufacturers in the years immediately prior to the Beltway sniper attacks. It was also claimed that Bull's Eye continued to sell guns in the same irresponsible manner even after Muhammad and Malvo were caught and found to have acquired the weapon there. Bushmaster was included in the suit because it allegedly continued to sell guns to Bull's Eye as a dealer despite an awareness of its record-keeping violations.
The case had been set for trial in April 2005. Bushmaster said it settled because of escalating legal fees and the dwindling amount of insurance money it had left for the case. Bull's Eye contributed $2 million and Bushmaster contributed $500,000 to an out-of-court settlement. Bushmaster also agreed to educate its dealers on safer business practices.[43]
Unfortunately, AFTER that, the NRA went to Congress and got a law passed that exempted gun manufacturers from lawsuits.
That dealer broke the rules, and he paid for it. Bushmaster settled to save them some money, just like any other large party that settles when it doesnt have to.
The whole premise of the tobacco lawsuits was based on the assumption that people smoking were just too ignorant to realize they were being hurt, and juries lapped it up, not based on law, but on sypathy.
Any lawsuit against a gun manufacturer where the gun functions perfectly, but is used by a criminal would fly in the face of our basis of laws, but jury sympathy would lead to a possible verdict that is contrary to the law, but right up the alley of facist assholes such as yourself.