Posted on 05/24/2018 9:28:02 AM PDT by Simon Green
The families of two victims of the Marjory Stoneman Douglas shooting on Wednesday sued the maker and seller of the weapon used in the rampage, claiming they should be held partially responsible for what Nikolas Cruz did with it.
The parents of Jaime Guttenberg and Alex Schachter want a judge to clear the way for them to claim damages against American Outdoor Brands, formerly known as Smith & Wesson, and Sunrise Tactical Supply. The Coral Springs store is where Cruz purchased the AR-15-style weapon used in the Feb. 14 shooting spree.
Fred and Jennifer Guttenberg, and Max Schachter “seek to hold defendants legally responsible for their complicity in the entirely foreseeable, deadly use of the assault-style weapons that they place on the market,” according to the lawsuit, filed in Broward Circuit
Before the lawsuit can go forward, their attorneys said, judges have to clarify that gun manufacturers and sellers can be sued by victims.
“A confusingly written Florida statute stands in the way,” the attorneys wrote. “If the defendants claim that [the law] entitles them to immunity from such claims, and the courts agree,” the victims will be forced to pay the gun maker’s and seller’s legal fees instead of recovering damages.
The 2001 law, Florida Statute 790.331, explicitly prohibits state, county and city government agencies from suing businesses over the legal manufacture and sale of weapons that are later used unlawfully. The law is silent on whether victims can sue on those grounds.
The same law allows governments and victims to sue over defects in the weapons, but “the potential of a firearm or ammunition to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.”
(Excerpt) Read more at orlandosentinel.com ...
It’s a publicity stunt.
The school board that oversees the Parkland schools is responsible for not protecting the children that the government assigned to them.
Where were the state inspections to make sure the schools were safe?
The media encourages this hogwash. And I agree with others, sue the car companies when the car is involved in a fatality, sure.
Ah, screw it. The law means whatever a Democrat-appointed judge says it means on any given day.
Nutcase in an F-150 runs over their Kids.
They Sue Ford because nobody needs a two Ton Assault Vehicle.
Yes a Sandy Hook lawsuit has been dismissed under that, now on appeal. Interesting that the Florida law allows for attorneys fees.
The shooters family must not be very wealthy.
Sue the gun maker! Wow what a novel concept. I’ll bet this has never been tried before. These people are fooling themselves about why what happened happened.
Those Parkland Policy Failures
WHAT THE MEDIA DON’T WANT YOU TO KNOW
Do Florida pols fear law suits if hearings do get held ?
But legal action against the school is being filed
WERE THE COPS SO FED UP WITH THE SCHOOL’S LENIENT POLICIES
IT BECAME WHY BOTHER TO GO THERE ?
While such questions raised by the above headlines remain to be answered through investigations and hearings conducted by state and federal agencies.Hearings which the media should be demanding be conducted. However the failures of the policies known as PROMISE are being slowly doled out. Which only reported students engaged in criminal activity after a 5th offense according a guest on to radio talk host Joe Pags show. Pags has been guest interviewing the father, Andrew Pollack, of one of the victims, daughter Meadow, on his show who instituted a law suit against the school board
.Promise seems to have been handled like a boring basketball game with the ball (Promise) being dribbled all around the court (of public opinion) instead of going for a 3 pointer or a slam dunk.
Instead the nations attention is being diverted and driven by the media’s cable tv alphabet swill mills and regurgitated by the print so called “gate keeprs” NY Times, Washington Post all focued on guns and perverting the 2nd amendment. When instead they should be focusing on the examining of failed policies That allowed those 17 murders to occur .The Parkland case, their security system had a dismal record concerning student safety and security that should be brought to public discussion particularly beginning with this school having a so called gun free zone. From what has been reported .This school system did have an understanding with the Broward County Sheriff Dept. An officer who may be armed assigned to patrol the multi acre site in a golf cart, but did it ban guns from being displayed by the rest of its internal security ?
Criticism arose when the officer assigned to this duty who was nearing retirement was reported to arrive late and after Cruz had entered the building. The officer stationed himself outside the large structure and had called for support. Two BCSD officers responded Which and did the same seeming to refusing to enter the building while armed . He then left before the shooter Cruz did.
Also responding was the Coral Springs PD who did not have this gun restriction entered the building and cleared it. Cruz was captured while fleeing with other students by an alert CSPD officer off the 45 acre campus. While para medics were denied entrance by the BCSD to see if they could save any of the victims.
Those laissez faire attitudes strongly suggest examining records beside the interaction between the BCSD and this school board also calls for a review how the bureaucracy at this school handled student vs student, and student vs teacher (Cruz was accused of this) altercations, vandalism, thefts, and drug use. Which are bound to occur were being dealt with.To which a dramatic reduction in disciplinary incidents were reported after the selection of Obama’s friend as school superintendent occurred which was publicly acclaimed.and was receiving large grant from Obama’s Attorrney General because of those results. That many critics claimed encouraged criminal activity. Which should require the US Attorney General to review these grant programs instituted by the previous Obama administration. Along with looking at FBI policies which knew about the shooter but failed to prevent his purchases or monitor his activities
Because of these Ding Bat liberal policies it brings up another question. Just how safe and secure were those kids ? .Examine records reporting how student vs student, and student vs teacher altercations, vandalism, and thefts, which are bound to occur were being dealt with. Beside the arrangements with the BCSD.
Because in an educational unit this size it is pretty clear their security system failed . In a secure system the shooter Nicholas Cruz would have never gotten within the grounds let alone inside
. Now that school board has decided to tear down the school which was probably raised by a funding referendums and the grounds house a memorial
http://www.freerepublic.com/focus/f-chat/3655947/posts
“Loser-pays should be the standard for civil suits, IMO.”
Well automobile manufacturers are going to take a dive. Obviously they’re complicit in all the car crashes out there period that cause far more fatalities than guns ever did. I’m not sure about that but I’m guessing it’s true.
Parkland victims sue, calling gun maker and seller complicit in massacre
Another trip and fall liar for hire that is going to collect regardless of the outcome.
Effing lawyers.
Let me qualify that. Where mere compensatory damages are being requested, no. Where punitive damages are sought, yes, the loser should pay.
Federal law is not.
I’m morbidly obese....I’m gonna sue all pototo chip makers....
Requires a crooked/stupid Judge to get these cases filed.
Bloomberg found some lawyers to harass the grieving families and picked the ones who they thought would be the best “feelings” victims and approacjed them. Just like after Snady Hook, where they are trying every trick in the book to make their lawsuit work but have had no success so far.
I’m ready to sue Parkland victims for violating my civil rights.
To Hell with them.
I have guns, knives, pressure cookers, poison, gasoline, matches, a large car....
I do not Kill anyone with any of these possible weapons!
Nor would I ever.
A man in West Columbia Texas was beaten to death with a tennis racket. A Houston man was almost beaten to death with a shovel..... Just about anything can be used as a deadly weapon....
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