Brady Center Files Lawsuit Against Gun Manufacturer and Dealer For Parents of Boy Killed in Unintentional Shooting
Lawsuit Alleges Gun Did Not Include Safety Feature That Would Have Prevented Shooting
The parents of 13-year old J.R. Gustafson brought suit today against Springfield Arms and Saloom Department Store in Westmoreland County, Pennsylvania, outside Pittsburgh. J.R. was killed on March 20, 2016 in an unintentional shooting by a boy who thought the gun was unloaded after the gun’s magazine had been removed. The lawsuit alleges that the gun should have included safety features that would have prevented the shooting, and J.R.’s death.
It appears they are trying to sneak through a clause in the Protection of Lawful Commerce in Arms Act. The law gives qualified civil liability to manufacturers or distributors for the criminal acts of a third party. But it’s not clear to me (I am not a lawyer) that it extends to careless, negligent, and/or ignorant actors:
A) IN GENERAL.—The term ‘‘qualified civil liability action’’ means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party…
Are there any lawyers who want to comment on the viability of this lawsuit?