San Diego Products Liability Attorney
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Firearms
Some victims of criminal and accidental shootings have attempted to hold manufacturers of the weapons used liable for the resulting injuries. The victims and their attorneys have alleged legal theories of negligent design, manufacture, and marketing; breach of warranty; and strict liability. Many of these lawsuits have been unsuccessful, however, on the basis that there can be no liability when the product presents a danger clearly recognizable to the average consumer. Plaintiffs have advanced theories of negligent marketing and distribution under which defendants are allegedly liable because they knew or should have known they were making more guns than could be sold legally, creating a "surplus secondary market" that caters mostly to criminals. Major cities have also sued firearm manufacturers for the cost of gun violence, alleging legal theories such as negligent design or creating a public nuisance through marketing intended to appeal to criminals. The judicial and public response to such lawsuits has varied and several state legislatures have enacted laws banning some of these types of suits.
Some courts have noted that strict liability and negligence theories do not apply to gun manufacturers that produce and market weapons that perform as intended. The criminal misuse of a firearm is not reasonably foreseeable, these courts have held, and therefore the manufacturers have no duty to anticipate and guard against possible unlawful acts involving their products. Courts have also been reluctant to deem sales of guns to the public an "unreasonably dangerous" activity such that strict liability, or liability without fault, would apply.
Gun manufacturers are not insurers of their products' safety and a victim is not entitled to damages simply because he or she was injured through the use of the manufacturer's firearm product. Gun manufacturers have no duty to produce a product incapable of causing injury, since that is what guns by their very nature are intended to do. Also, a handgun is not necessarily defectively designed simply because it is easily concealed and inexpensive, since these are not conditions that result in the gun's failure to perform in the intended manner. "Saturday night specials," however, are known for their low cost, light weight, easy concealability, poor workmanship, and unreliability, and manufacturers of these guns may be deemed responsible for injuries due to the fact that the Saturday night special is principally used in criminal activity.
Although many product liability claims against gun manufacturers fail, there are instances in which firearms are truly defective and the manufacturers or sellers are held accountable for resulting injuries. Such liability can arise, for instance, if a gun accidentally discharges. Evidence of the gun manufacturer's knowledge of previous similar accidents can bolster the plaintiff's claim and support an award of damages. Distributors of defective firearms, too, can be held liable, especially if there are other supporting circumstances, such as when the distributorship is exclusive, the distributor has its name emblazoned on the firearm, or the distributor is charged with providing instructions for use or warranty repairs.
Although in many cases the manufacturers or other providers of firearms will not be held accountable for injuries resulting from accidental or criminal shootings, when the product is truly defective an injured plaintiff may have a valid claim for damages. In addition, it has been noted that efforts by local governments to sue gun makers are similar to the suits filed against tobacco companies. It took some time for the tobacco suits to gain speed and the same thing could happen with firearm lawsuits. Like the tobacco cases, after the suits by more powerful plaintiffs gain more recognition, successful suits by individual plaintiffs could follow. An experienced product liability lawyer can help determine whether a cause of action has merit.
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