Smith & Wesson to Face Lawsuit Over Highland Park Shooter

It is very hard to hold a gun manufacturer liable for the conduct of an individual owner who commits a criminal act. Nonetheless, a lawsuit is moving forward against Smith & Wesson, alleging that the gun manufacturer is at least partly responsible for the mass shooting that occurred on July 4, 2022.

 An Illinois court ruled that a wrongful death lawsuit filed against the maker of the gun used in the Highland Park mass shooting can go to trial.

Analyzing claims made in the lawsuit 

Several families of victims filed a lawsuit against Smith & Wesson, the maker of the M&P 15, an AR-15-style weapon, used by the shooter, and two gun dealers who ultimately sold the weapon to the shooter, who pleaded guilty to the shooting this year.

The lawsuit was filed by the grieving family of one of the seven people killed during the shooting, as well as a group of survivors and families of children who were there when the bullets started flying.

The families allege that Smith & Wesson marketed the gun to teenagers with emotional problems despite its use in other mass shootings around the country, according to lawyers who represent the plaintiffs. This is the one gray area that allows you to file suit against a gun maker. If they negligently marketed the gun to unstable teens, the gunmaker’s immunity may not hold up in court.

“What the Uvaldo families are looking for, which is our clients, is really looking to find out and learn more about the conduct,” said an attorney representing the family. “What Happened? Why did Smith and Wesson, this iconic American gun company, why does it continue to promote this AR 15 with targeting such youth with such a violent message?”

Law firms representing the plaintiffs in the lawsuit issued a statement about the court’s decision: “Today’s historic decision sends a clear message that the gun industry does not have carte blanche to engage in irresponsible marketing of assault rifles, without any concern for the obvious dangers of such marketing. We are also pleased that our claims against the firearms retailers for selling an assault rifle to someone who lived in a town where he was prohibited from having one are allowed to go forth. We are steadfast in our fight to hold the defendants accountable for the damage their conduct has caused, and look forward to the truth coming out as this case proceeds to discovery.”

Analyzing the lawsuit 

The Protection of Lawful Commerce in Arms Act (PLCAA), a federal law enacted in 2005, provides substantial immunity to gunmakers and dealers from civil lawsuits. The Act shields them from being held liable when their products are misused in crimes, including mass shootings. Generally speaking, the only way to hold a gunmaker liable is to argue that the gun was defective and injured someone. However, this novel argument concerning negligent marketing could hold substantial weight in court.

Talk to a Decatur, IL Personal Injury Lawyer Today 

Patel Law, PC represents the interests of Illinois residents in lawsuits filed against negligent defendants. Call our Champaign personal injury lawyers today to schedule an appointment, and we can begin investigating your case immediately.

Source:

fox32chicago.com/news/highland-park-wrongful-death-lawsuit