Illinois family seeks to sue gun manufacturer over boy's death

Legal Newsline ^ | 8-30-09 | C. Rizo

[Ja7430]

WASHINGTON (Legal Newsline)-The family of an Illinois boy who was fatally shot by his friend have petitioned the U.S. Supreme Court to strike down a federal law that protects gun companies from most civil lawsuits.

The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

[Miss Behave]

Yes.

[cardinal4]

Did the weapon misfire? Malfunction in anyway? Perhaps used in a manner not specified by the manufacturer?

Boobs. Should we sue God because of the Tsunami??

[wolfcreek]

Illinois handgun law:

“It is unlawful for any person to store or leave a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a FOID is likely to gain access to the firearm without the lawful permission of the parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

1. Secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable, or
2. Placed in a securely locked box or container, or

3. Placed in some other location that a reasonable person would believe to be secure from a minor.”

Billy’s father appears at fault.

[Fast Moving Angel]

I wonder what the other alternatives were.

[paul51]

A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

Utter and complete ignorance. By the way, it's magazine, not clip. Another indication of the total ignorance.

[maine-iac7]

claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

How about, instead, suing the Sheriff Deputy father who didn't teach his 13 year old son even the first rule of guns - always assume it's loaded and never point at anyone, let alone point and shoot.

[dfwgator]

Well, then I hope that knife, hammer, candlestick, rope and manufacturers of pretty much anything nor made from Nerf are ready for the onslaught of cases against them.

You think Nerf is safe, I could be playing with a Nerf ball, next thing you know it gets lodged in my throat, and I could die.

[Miss Behave]

OMG LOL, gator.

[dfwgator]

I have to give some credit to the old Dan Ackroyd SNL character “Irwin Mainway” for that one.

[freedumb2003]

“The problem with making something foolproof is that fools are so inventive.”

In the systems design biz, we say "you can make it foolproof but you can't make it damnfoolproof."

[Miss Behave]

I think I tend to agree with you, wolfcreek. ;-( He has got to be devastated.

[freedumb2003]

Every night I load the 16th round into the chamber and the first thing I do when I wake is to clear the chamber.

Into whom? I wake up that way sometimes, too ;)

[Boiling Pots]

What’s a “clip?”

[IYAS9YAS]

A lawsuit was filed against Beretta U.S.A. Corp. and Cook County Sheriff Michael Sheahan, among other defendants, claiming that the gun maker failed to warn users that simply removing the clip did not render the gun safe.

I call Bull Excrement. Every semi-auto weapon I've ever looked at in the last 15 years has had this warning right at the front of the owner's manual.

Apparently, the county doesn't have enough money in the coffers to pay out a princely sum to these folks, since the primary person responsible here is a deputy.

[ColdWater]

I call Bull Excrement. Every semi-auto weapon I've ever looked at in the last 15 years has had this warning right at the front of the owner's manual.

He was 13. Probably couldn't read.

[Miss Behave]

Ohhhhh right, gator. It’s all coming back into focus now. Those were the good SNL days. (Sigh) Tanks fer ta mammories, gator.

[gitmo]

Home-schooled or public schooled?

[dannyboy72a]

I’m going to sue Microsoft for the D I got on my essay, written on Word.

"i totally ran the spell check and it said i had no errors, but my teacher gave me a D for grammar. That's totally Microsoft's fault. They told me it was right. I'm suing them for not informing me that Spell Check can miss errors or not understand context," said the young lady clad in a "Senures for Obama" t-shirt.

[max americana]

Chev is now owned by the gubmint, so sue away..

[Oldpuppymax]

Pretty typical stuff for Chicago. Trying to win the bank jury lottery with frivolous law suits is considered family amusement in most neighborhoods. Gee. I wonder why that is??