by Sixstrings » Sun 10 Apr 2016, 01:19:38
$this->bbcode_second_pass_quote('vtsnowedin', 'Y')ears back Strum Ruger paid out millions to people who dropped fully loaded revolvers on the hammer and shot themselves. Safe practice had always been to carry a revolver with the hammer down on an empty chamber but the owners could not be held to the responsibility of using safe practices.
Hm, well that's a matter of law and I'm not a lawyer.
The line between where responsibility lies, the consumer or the business. Or if you're a homeowner -- if your guest gets injured on your property, where is the line between where it was their own fault and where YOU should have to pay for it (and your home owners insurance).
So this is all law, and up to judges and juries, where the lines are.
Something like your example -- that's a product that was working correctly, but maybe not ideally designed / needed a design revision. So then, one could look at whether the company KNEW from product research, if the design could be better to prevent injuries.
If a gun is flat out faulty though, then that's like any other product, and sure they should be liable.
Look at something like, "let's sue the oil industry over climate change." That kind of thing is ridiculous, just logically.
But I guess it's within the limits of tort law. A person can sue another person or company for anything, actually, and it's up to the judge to throw it out or not, or up to the jury to award damages or not.
Like McDonalds and the woman that got a million dollars because the coffee was hot.
So now those coffee cups say, "caution, this is hot."
P.S. A benefit to lawsuits like this though, is that it keeps business on their toes and that does help consumers. BUT.. what this can also amount to, is harassment of a constitutional right and just trying to make something illegal through the backdoor when it couldn't be outlawed outright.
Just make it too liable for anyone to risk doing.
Conceivably, the fast food industry could be put out of business, not by outright laws but diabetes lawsuits instead.
Oil industry could be curtailed -- not by passing laws, but by generalized climate change lawsuits.
And the right wing does this about abortion -- they don't have the votes to outlaw it, but maybe they can do a lot of things to make it *difficult* for women to exercise that right, and *difficult* and too risky liability wise, for physicians to go into that field.
It's the same kind of tactic / principle.
Same thing is done about guns, from the far left.
There's a line there, where "suing the gun manufacturers" is really just trying to come after the second amendment through a backdoor, when it couldn't be passed by statute otherwise.
Just make it too risky liability wise to even be in that business, etc.
So that's the concern I would have about what Clinton and the far left have been saying. Unless someone can explain to me, otherwise all I've been hearing her say and all they say on MSNBC is "sue the gun manufacturers" --
and they are not saying anything specific about regulations that companies could have a chance to comply with, but "just sue them."