[Don]

http://myfox8.com/2012/10/08/ny-appeal-court-shooting-victim-may-sue-gun-maker/

So tell me why any business would be located in NY?

 

[jwright]

Ridiculous.

 

[chickenfarmer]

Wow, in that case I think I'll call my lawyer.... same GM sold the car that hit me a while back and they sold it to an irresponsible driver at that.

The nerve lol

 

[o2l]

As reported by the left-leaning Associated Press, The appellate panel said the Buffalo man's lawsuit should have been allowed to move forward because Williams' claims fall within exceptions contained in the Protection of Lawful Commerce in Arms Act, a 2005 federal law shielding gun makers from lawsuits over criminal use of their products.

It is the first case in which a court has held that a gun manufacturer may be held liable under the PLCAA, according to the Washington-based Brady Campaign to Prevent Gun Violence, which brought the appeal.

"If a gun company knows or has reason to know that a dealer or distributor that is selling the guns is doing so irresponsibly and in some cases, illegally, they need to do something about it," Brady Center attorney Jonathan Lowy said.

Personal Note from o2l: So, in the opinion of New York's highest court it is up to the manufacturer to vet the distributors to whom it sells a gun as well as the dealer to whom the distributor sells the gun? That sounds more than a little far fetched to me, but then so is the State of New York. I am with Don on this. I think that this is another reason for Remington to get out of Ilion, New York, the pending microstamping legislation notwithstanding.

 

[LeadFarmer]

If it were colt or ruger they wouldnt file.
its an economics lesson.
They are bidding that the company will settle VS fight.
I urge anyone who is in support of Hi-Point to go out and buy one of their guns, then send them a copy of the recipt and ask them to use the money to fight the case and not to settle.
The best way to support a belief is to use your dollar.

 

[eudyta63]

I expect that from there,New York City tells you that you can't buy a large soda.

 

[Luke Cage]

As one legal blog summarized the case: "The New York appeals court's ruling gives Williams the right to sue. Now, the shooting victim still has to prove why Beemiller and MKS should be liable for his injuries."

Even if he losses he has clogged up the court system with a BS law suit. I guess if someone bashes a head with a hammer you can sue the company that sold the hammer.

 

[johndoe]

The manufacturer of the hammer should have known that the retailer would irresponsibly sell it to an incompetent user, ultimately resulting in injury. Seems perfectly rational to me.