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Clinton "is not totally off base," said John Goldberg, a professor at Harvard Law School and specialist in tort law. He said Congress was particularly "aggressive" in granting the gun industry this legal shield.
"Congress has rarely acted to bar the adoption by courts of particular theories of liability against a particular class of potential defendants, especially when that form of liability has not yet been recognized by the courts," he said.
At the time that the law passed, the NRA argued that the industry needed the protection, because — unlike carmakers, for example — it did not have the "deep pockets" necessary to fight a slew of lawsuits, as the New York Times reported.
Gun-rights advocates have also argued that suing a gun company for crimes committed with its products is akin to suing a car company for drunken-driving fatalities.
But the issues at hand are more complex, say some legal scholars.
"It's more like — are you a bartender and do you keep on pouring drinks for someone?" as Fordham University law professor Saul Cornell told NPR. That might be a better way to think about whether manufacturers shouldn't supply certain stores, he says.
For an example of how this plays out, look at Adames v. Beretta. In this case, a 13-year-old boy removed the clip from his father's Beretta handgun, believing that made the gun safe, and then accidentally shot his 13-year-old friend. The victim's family sued Beretta, saying the company could have made the pistol safer and provided more warnings, according to SCOTUSBlog. Citing the PLCAA, the Illinois Supreme Court dismissed Adames' claims, and the U.S. Supreme Court ultimately refused to hear the case.
Victims of gun crimes like the Adames family may or may not have good cases, but PLCAA opponents say plaintiffs should at least be heard in court.
^ bingo
"Congress has rarely acted to bar the adoption by courts of particular theories of liability against a particular class of potential defendants, especially when that form of liability has not yet been recognized by the courts," he said.
At the time that the law passed, the NRA argued that the industry needed the protection, because — unlike carmakers, for example — it did not have the "deep pockets" necessary to fight a slew of lawsuits, as the New York Times reported.
Gun-rights advocates have also argued that suing a gun company for crimes committed with its products is akin to suing a car company for drunken-driving fatalities.
But the issues at hand are more complex, say some legal scholars.
"It's more like — are you a bartender and do you keep on pouring drinks for someone?" as Fordham University law professor Saul Cornell told NPR. That might be a better way to think about whether manufacturers shouldn't supply certain stores, he says.
For an example of how this plays out, look at Adames v. Beretta. In this case, a 13-year-old boy removed the clip from his father's Beretta handgun, believing that made the gun safe, and then accidentally shot his 13-year-old friend. The victim's family sued Beretta, saying the company could have made the pistol safer and provided more warnings, according to SCOTUSBlog. Citing the PLCAA, the Illinois Supreme Court dismissed Adames' claims, and the U.S. Supreme Court ultimately refused to hear the case.
Victims of gun crimes like the Adames family may or may not have good cases, but PLCAA opponents say plaintiffs should at least be heard in court.
^ bingo