Court Case Tests Gun Makers' Liability

As we approach the fifth anniversary of the massacre of 20 children and 6 teachers at Sandy Hook Elementary School, families of the victims have brought a case before the Connecticut State Supreme Court against the manufacturer of the military-style weapon used in the slayings. In bringing the lawsuit, the families hope to overcome a 2005 Federal law that excuses gun manufacturers from liability as to how their products are used, except in certain instances.

The murderer, Adam Lanza, used a Remington Bushmaster AR-15 in the massacre, a weapon the suit claims was marketed by Remington for it's military-style capabilities to a demographic of young men fascinated with the military and its weaponry. The plaintiffs are basing their argument on the legal concept of "negligent entrustment," where a product is sold to someone with a high risk of using it recklessly or dangerously. Negligent entrustment is specifically excepted from the 2005 law.

It's likely that if the families are successful in state court, Remington and the gun manufacturers will appeal to the U.S. Supreme Court.