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Sandy Hook Lawsuit Against Bushmaster Moves Forward

Discussion in 'BBS Hangout: Debate & Discussion' started by rocketsjudoka, Apr 14, 2016.

  1. rocketsjudoka

    rocketsjudoka Contributing Member
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    I'm creating this thread because the issue of lawsuits against gun manufacturers is an issue in the Democratic primaries and also a topic that has come up frequently here in other gun control debates.

    http://www.theatlantic.com/national/archive/2016/04/sandy-hook-guns-lawsuit/478314/


    Sandy Hook Lawsuit Moves Forward

    A Connecticut judge refused to throw out a case against the company that makes a weapon used in the 2012 shootings.

    A state Superior Court judge in Connecticut on Thursday refused to throw out a lawsuit against Bushmaster Firearms, the gun manufacturer that makes the rifle used in the Sandy Hook Elementary School shootings that left 28 people dead in late 2012.

    The families of the victims, which included 20 children and six school staff members, sued the gun manufacturer, arguing the AR-15 rifle Adam Lanza used in the shooting should never have been sold to civilians. This is a potentially devastating blow to the gun industry, which has been protected by federal law from being held liable for crimes committed with its products.

    Mark Obbie, writing in The Atlantic in February, says as the case goes forward, the families will attempt to use the gun industry’s marketing tactics against it:



    Those tactics, never tested before under [Protection of Lawful Commerce in Arms Act], dominate the allegations spelled out in the plaintiffs’ complaint. It quotes several advertisements from a catalog aimed at civilian gun buyers that is adorned with action photos of camouflage-clad soldiers and police in body armor. One reads, “Forces of opposition, bow down. You are single-handedly outnumbered.” Other images tout the rifle’s “military-proven performance” and call it “the ultimate combat weapons system.”

    With that type of marketing, the Sandy Hook families claim, “The Bushmaster Defendants attract buyers by extolling the militaristic and assaultive qualities of their AR-15 rifles.” The complaint alleges that while the weapon is suitable for the military and for law enforcement—where it’s used for combat and limited police purposes—in civilian hands, the high-caliber, rapid-fire rifles are essentially killing machines.

    The judge on Thursday ordered both sides of the case to meet again April 19 as the lawsuit moves forward into uncharted territory.
     
  2. rocketsjudoka

    rocketsjudoka Contributing Member
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    My own opinion on this is I'm somewhat conflicted. I don't believe such weapons should be readily available. I think the killing power of these type of weapons outweighs any reasonable self-defense situation that most may encounter. On the other hand though the gun did work as advertized so I'm not sure a consumer protection lawsuit applies. I think this is a very novel approach to sue them on the basis of selling a product that works, too well, as advertized and primary purpose is for killing.
     
  3. Bobbythegreat

    Bobbythegreat Member
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    It's a stupid and frivolous lawsuit that should be thrown out but wasn't. The news of the stupid and frivolous lawsuit will cause some interesting political theater but is otherwise just noise.
     
  4. StupidMoniker

    StupidMoniker I lost a bet

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    Can victims of drunk drivers sue the auto manufacturers? What about those that advertise how sturdy their cars are and how those on the inside are protected?
     
  5. rockbox

    rockbox Around before clutchcity.com

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    I'm all for some gun control, but this lawsuit is stupid. The gun worked as intended. If we don't want those types of guns, then congress should act.
     
  6. KingCheetah

    KingCheetah Contributing Member

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    This is how I see it -- should DPS, Chevy, and Hennessey be sued for this ad...

    <iframe width="560" height="315" src="https://www.youtube.com/embed/B-gzNi6MRwI" frameborder="0" allowfullscreen></iframe>
     
  7. Air Langhi

    Air Langhi Contributing Member

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    Bushmaster should go sue those people for court costs and bankrupt them.
     
  8. Baba Booey

    Baba Booey Contributing Member

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    The case should have been tossed out of court. What a waste of everyone's money.
     
  9. shastarocket

    shastarocket Contributing Member

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    Yeah man, so marketing totally drove Lanza to commit those horrific crimes

    If people had their priorities straight, all the money this lawsuit is going to require should go towards psychiatric care in Connecticut
     
  10. Dairy Ashford

    Dairy Ashford Member

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    Anyone can sue anyone, the drunk driving victims would lose against car companies because alcohol is one of the products that caused the car to be used incorrectly. Auto companies still lose lawsuits if there is a manufacturing defect or demonstrably false advertising about features or specifications. Everything you need to kill is in the gun, and that's precisely what it's designed for. They will have to prove that this gun more so than other guns makes murder somehow more likely.
     
  11. Cohete Rojo

    Cohete Rojo Contributing Member

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    It's a gun.

    What were that dumb mofo's parents thinking when they allowed him to have access to the gun? If they weren't dead - they should be the one's being sued. Not sure what ground the plaintiffs have in this case to sue a gun manufacturer who was following the law.
     
  12. Buck Turgidson

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    Very few people have an actual use for that type of weapon. The whole "assault rifle" conversation is really a red herring though, if society really wanted to cut down gun violence by several orders of magnitude, we'd be talking about handguns.
     
  13. Bobbythegreat

    Bobbythegreat Member
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    That's true, but some people do. I think they are really great for hog hunting, especially with a good suppressor.

    You are also right about handguns, that's the weapon of choice in most gun violence incidents. Assault rifles are very rarely used but the idea isn't about curbing gun violence, it's just that people are scared of assault rifles.
     
  14. ipaman

    ipaman Contributing Member

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    first thing i thought reading this story was of was the guy who ran over all of those folks on during SXSW two years ago.
     
  15. FranchiseBlade

    FranchiseBlade Contributing Member
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    Ridiculous lawsuit. Even if a person is in favor of banning those types of weapons, it doesn't change the fact that there isn't any basis for suing Bushmaster.
     
  16. fchowd0311

    fchowd0311 Contributing Member

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    The only thing the victims are accomplishing by pushing this lawsuit is painting a negative perception on the gun control movement.
     
    #16 fchowd0311, Apr 15, 2016
    Last edited: Apr 15, 2016
    1 person likes this.
  17. Buck Turgidson

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    No doubt...like I said, very few (relatively) people. I still prefer my Winchester 30-30, I'm old school like that.
     
  18. B-Bob

    B-Bob "94-year-old self-described dreamer"

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    I hate to say I agree with you, but I do. I know some of the Sandy Hook survivors and am as sympathetic as I think anyone can be to their cause, but this move doesn't make sense to me. I know there is desperation due to political inaction and the immense power of the monied gun lobby, but it doesn't make sense here.

    1. As others have said, the gun itself performed exactly as advertised. Yes, that can be horrifying. But it's legal to buy the thing, and they never said it was to be used in the kitchen to carve a turkey or slice cheese.

    2. So their angle is actually going to be trying to make the case that the manufacturer sold to people who did not have proper training. But that again is about the nation's laws. It is totally legal to sell guns to certain people. It is totally legal to sell cars to certain people. If it was legal to sell a car to a 12-year-old boy, and the boy wrecked the car, that would NOT be the fault of the auto manufacturer. That would be the fault of the nation's laws, and a real legislative branch would move to modify the laws a bit.

    Sigh. When even B-Bob is against a move versus the gun lobby, I think it's gotta be kinda doomed.
     
  19. rocketsjudoka

    rocketsjudoka Contributing Member
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    True few people do use that weapon, unfortunately among those few are mass murderers. That goes to a point I was bringing up about the necessity of this type of weapon in civilian hands.

    As I said before I'm not sure how you have a consumer protection lawsuit against a product that works as well as advertised which is why I think it's a novel approach to argue that the very nature of the product itself is a threat to consumer protection. If following my understanding of the law I think this lawsuit will fail but it's passed one hurdle already I am very curious how it plays out.
     
  20. ipaman

    ipaman Contributing Member

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    This type of move is how you alienate and anger current opposition even further. This is a severely miscalculated move for the gun control and is great ammunition for the gun lobby. I'm sympathetic to Sandy Hook victims and their families but this is a major bonehead decision. You've got to work with the gun lobby and supporters, not piss them off further.
     

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