We knew this was bound to happen... But the stupidity still pisses me off....

3101 Views 35 Replies 15 Participants Last post by adamc, Dec 22, 2014

Macprowler

Discussion Starter · Dec 15, 2014

Newtown victims' families sue maker of gun used in 2012 attackHARTFORD, Conn. (AP) — The families of nine people killed in the Newtown school massacre filed a lawsuit against the maker and sellers of the Bushmaster AR-15 rifle used in the shooting, saying the gun should not have been sold for civilian use because of its overwhelming firepower.

Major stupidity

We knew this was bound to happen... But it still pisses me off.... Nothing but lawyers trying to make $$$ :grin:

Reactions: 2

1 - 20 of 36 Posts

IGC224

· #2 · Dec 15, 2014

I truly believe that this lawsuit will go nowhere as how can you hold the manufacturer of a product liable for the actions & use of that said product by the purchaser? I can understand their grief and sadness but why don't they aim at the responsible, the lack of mental illness treatment? It has been shown (fact) that all the subjects involved in an active shooter situation was diagnosed with mental illness and they were precribed medication sometimes well over the needed dosage. I guess we should sue manufacturers of Autos, tools, building supplies, liquid cleaners and pesticides, and so on........... Some people have been murdered with anything but a gun.
This really annoys me as well. The sad thing is, I'm sure the attorney(s) have convinced the family that there is a fight to be won when in reality they will not have a case at all.

Reactions: 2

akitainu

· #3 · Dec 15, 2014

They'll have an awful hard time with this. That said, I wish them all the worst of luck.

Reactions: 5

Aging Disgracefully

· #4 · Dec 15, 2014

The bar here is really high, and I suspect this will fail because the language that they use ("In order to continue profiting from the sale of AR-15s, defendants chose to disregard the unreasonable risks the rifle posed outside of specialized, highly regulated institutions like the armed forces and law enforcement") seems pretty broad to me in light of the specificity required under the 2005 law. The trouble too is that the precedent here is dangerous and courts know it. Suppose someone deliberately plows through a crowd in their BMW (always a possibility). Do you then argue that ""In order to continue profiting from the sale of BMWs, defendants chose to disregard the unreasonable risks the car posed outside of specialized, highly regulated institutions like Nascar or Hollywood stunt driving"?

Reactions: 1

USonuMabeaCh

· #5 · Dec 15, 2014

The only people they have grounds to sue are the government officials that failed to outlaw such a "powerful" weapon. If they can sue for the criminal use of a firearm, then anyone who has ever been affected by a car accident can sue the automobile manufacturer. Anyone who has ever had a loved one injured or killed in a DUI situation can sue the producer of the alcoholic drink. This is utterly pathetic.

I hope they get counter sued and lose everything and end up in abject poverty.

Reactions: 2

Aging Disgracefully

· #6 · Dec 15, 2014

USonuMabeaCh said:
I hope they get counter sued and lose everything and end up in abject poverty.

They lost people dear to them to a loon. I may not agree with what they are doing, but it is a natural and human response.

Reactions: 5

Donnie

· #7 · Dec 15, 2014

akitainu said:
They'll have an awful hard time with this. That said, I wish them all the worst of luck.

This is the first thing i thought of too. I don't see it going anywhere.

Worst of luck

:mrgreen:

Reactions: 1

six-n-twins

· #8 · Dec 15, 2014

This is just another attempt at backdoor gun control. This would set a precedent that future courts could hang their hats on.

Reactions: 1

marko

· #9 · Dec 15, 2014 (Edited)

IGC224 said:
I truly believe that this lawsuit will go nowhere as how can you hold the manufacturer of a product liable for the actions & use of that said product by the purchaser? I can understand their grief and sadness but why don't they aim at the responsible, the lack of mental illness treatment? It has been shown (fact) that all the subjects involved in an active shooter situation was diagnosed with mental illness and they were precribed medication sometimes well over the needed dosage. I guess we should sue manufacturers of Autos, tools, building supplies, liquid cleaners and pesticides, and so on........... Some people have been murdered with anything but a gun.
This really annoys me as well. The sad thing is, I'm sure the attorney(s) have convinced the family that there is a fight to be won when in reality they will not have a case at all.

Deep pockets law or another term for joint-and-several liability. This states that damages can be obtained from co-defendants based on who is capable of paying, rather than who was found to be more negligent.

Reactions: 1

Big Muddy

· #10 · Dec 16, 2014

marko I'm afraid your attachments didn't work.

IGC224

· #11 · Dec 16, 2014

I bet Bloomturd will be there asap to help with the gun control attempt. Ant-gun people need to realize that guns will always be here whether they like it or not.

Reactions: 1

Remark

· #12 · Dec 16, 2014

Oh no if this works then Jeep has to look out for the lawsuits for any accident that their vehicles were in.

Reactions: 1

USonuMabeaCh

· #13 · Dec 16, 2014

Aging Disgracefully said:
They lost people dear to them to a loon. I may not agree with what they are doing, but it is a natural and human response.

It's been 2 years. This is not grief. This is an agenda, either monetary or political in nature. it has ZERO to do with justice.

Reactions: 4

Aging Disgracefully

· #14 · Dec 16, 2014 (Edited)

USonuMabeaCh said:
It's been 2 years. This is not grief. This is an agenda, either monetary or political in nature. it has ZERO to do with justice.

You don't get to decide the appropriate grief interval for someone else. You don't.

One fine day they sent their kids to school. A nut job who looked to me like he had some unspecified syndrome went into their child's school, killed their child, and then killed himself. And that was that.

They had no say in any of this and the loon controlled things to the end.

They have lost all power over the fate of their child and they are mad. My rage level would be through the troposphere.

They want someone to pay. Time doesn't make a difference (didn't to the 9/11 families when they finally got to hear that bin Laden's luck ran out).

If you can't understand this I just don't even know what to say to you.

The blame here lies with these opportunistic lawyers. They see it as a win-win for them because even if they lose their firm gets priceless publicity.

And, by the way, while their suit should fail it is not in fact actionably frivolous. It tests a black letter clause in a 2005 Federal law. I think they will fail, but the clause is there. I guarantee you even the most conservative Federal judge would agree with that (i.e. he would never allow retaliatory action by Bushmaster).

See less See more

Reactions: 2

DaveConn

· #15 · Dec 16, 2014

Well.. allow me to take this in a completely different direction...

AD - the assumption is that all is as has been told, but I have to ask if anyone else here was watching much those first couple of days, especially the first afternoon and the second day. I recall a very specific conversation between the beloved Matt Lauer and a spokesperson for the FBI (IIRC), stating unequivocally the weapons used were multiple 9mm handguns (why anyone would use 9mm is beyond me... :Blah

.

Not trying to go too tin-foil on you guys, but it does raise an interesting question about whether or not this weapon is actually worthy of discussion, not to mention why this would be taking place now...

Reactions: 1

Aging Disgracefully

· #16 · Dec 16, 2014

DaveConn said:
Well.. allow me to take this in a completely different direction...

AD - the assumption is that all is as has been told, but I have to ask if anyone else here was watching much those first couple of days, especially the first afternoon and the second day. I recall a very specific conversation between the beloved Matt Lauer and a spokesperson for the FBI (IIRC), stating unequivocally the weapons used were multiple 9mm handguns (why anyone would use 9mm is beyond me... :Blah.

Not trying to go too tin-foil on you guys, but it does raise an interesting question about whether or not this weapon is actually worthy of discussion, not to mention why this would be taking place now...

Oh, I read the court brief they field today. (For the interested it is here: http://lmgcorporate.com/wfsb/news/SandyhookComplaint.pdf )

It's crap. And it is also borderline dishonest (e.g. at times they treat the M16 and Ar15 as basically identical, they way oversimplify the question of whether it is an appropriate home defense weapon, etc.).

I don't think they will win.

Bushmaster has great lawyers and I am pretty sure they will win this thing. I just don't see it surviving the whole process (which could include appeals process). Its just too flimsy and sets to ridiculous a precedent (and not just for guns).

But we need to defend out right, and to do so in the real, political world. You don't do your cause any favors by trashing victims like them. And there is a reason for that: it isn't right, and people largely agree on that.

Reactions: 2

Donnie

· #17 · Dec 16, 2014

I believe some of the family members of the D.C. sniper victims tried to do the same thing with Bushmaster... I am pretty sure they failed then, and i certainly hope they fail now.

Reactions: 1

Aging Disgracefully

· #18 · Dec 16, 2014

Donnie said:
I believe some of the family members of the D.C. sniper victims tried to do the same thing with Bushmaster... I am pretty sure they failed then, and i certainly hope they fail now.

No, they actually succeeded.* But that was before the 2005 law.

*"Succeeded" is a subtle concept though when you are dealing with suing a corporation, because for them the handling of the suit is basically a business decision and driven by the bottom line.

Reactions: 2

Shap

· #19 · Dec 16, 2014 (Edited)

Nothing made me happier than watching these families go home with their tails between their legs when the post-Sandy Hook proposed legislation died in Congress. Oh yes I must be evil for having that opinion but these people need to shut up and go away. They can grieve all they want without trying to impede upon the lives of citizens that bear no responsibility for the deaths of their children. Their attempt to blame a firearm manufacturer for their children's deaths is misplaced and irrational. I hope this law firm will eventually have to pay the attorney's fees for Bushmaster considering the frivolous nature of this lawsuit. These attorneys do not have a good faith basis for the argument they are attempting to make considering the language of the Protection of Lawful Commerce in Arms Act.

Reactions: 2

DaveConn

· #20 · Dec 16, 2014

A.D. - thanks for the thought; crazy stuff floats the net, but I honestly do question just how and why the Sandy Hook story changed in front of my eyes...

Shap - right to the point, IMO.

Reactions: 1

1 - 20 of 36 Posts

This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.