In the aftermath of the 2012 Sandy Hook shooting, the victims’ families have filed suit against Remington gun manufacturing company. In this potentially precedent setting lawsuit, the families argue that the manner in which the company advertised its military-style gun to civilians constitutes “negligent entrustment,” thereby making them partially liable for the incident. Under that theory, the gun manufacturer would no longer be shielded from immunity that the 2005 federal Protection of Lawful Commerce in Arms Act (PLCAA) provides.
CNN quoted Professor Timothy Lytton on the issue in its February 22 article “Why Sandy Hook Parents Are Suing A Gun-Maker.” In assessing the case, Professor Lytton commented: “[i]t’s always been a big uphill battle for plaintiffs to sue the gun industry. It was even before the immunity (legislation), and it’s an even bigger one now.”
Timothy D. Lytton is a Distinguished University Professor and Professor of Law at Georgia State University College of Law and a member of the Center for Law, Health & Society. His expertise is in the public policy implications of tort litigation. Lytton is the editor of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (2005).