It would be a difficult to justify suing a car dealer who sold a vehicle to someone who then intentionally used it to cause harm or death. But if the product is a gun, some believe that the manufacturer or dealer should be liable for users’ deliberate violence.
In 2012, Jessica Ghawi was shot and killed along with 11 others in an Aurora, Colo., movie theatre. The Patriot Post reports that Ghawi’s grieving parents were encouraged by the Brady Campaign To Prevent Gun Violence to launch a hopeless lawsuit against gun store Lucky Gunner and others who lawfully sold items used in the shooting.
Denver-based U.S. LawShield Independent Program Attorney Doug Richards said, “The Protection of Lawful Commerce in Arms Act specifically protects lawful firearms manufacturers and dealers from being held responsible for the criminal actions of a third party.”
Richards added, “In his decision, Senior District Judge Richard P. Matsch not only dismissed the suit, but ruled ‘Pursuant to C.R.S. §13-21-504.5, defendants Lucky Gunner and the Sportsman’s Guide are entitled to an award of reasonable attorney fees and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3.’”
The fight’s not over yet, however. Lucky Gunner reports “The Brady Center predictably appealed the judge’s ruling and we are prepared to continue defending your rights and ours. While it is not yet clear when the $111,971.10 fee reimbursement will be paid, we are going to donate 100% of what is recovered to groups that support and defend the 2nd Amendment. We will fight to recover these funds from the Brady Center and to hold the Brady Center responsible for yet another frivolous lawsuit.”
Lucky Gunner ran an online poll to determine which groups would receive the funds.
— Warren Berg, U.S. LawShield Contributor