While the country is still grieving over the tragic events that occurred in Uvalde, Texas and Buffalo, New York, the fact remains that these are only two of the most recent mass shootings to plague our nation’s history. And even since these events, there have been several other shootings, including in Tulsa, Oklahoma, Philadelphia, Pennsylvania, and Chattanooga, Tennessee. In fact, over the past decade, there has not been a single year without a mass shooting. In fact, according to the Centers for Disease Control and Prevention, gun violence claims approximately 45,000 lives per year.

Most people agree that something must be done. However, the unfortunate reality is that lawmakers are stuck in political limbo and have accomplished little. Meanwhile, families seeking justice after a mass shooting have an uphill road when attempting to hold gun manufacturers and gun dealers accountable for their loss. However, even under the current state of affairs, there are exceptions that allow the victims of gun violence to pursue a product liability claim against a gun manufacturer or gun dealer.

If you lost someone close to you to gun violence, your loss very well could have been prevented had gun manufacturers been more conscientious about the products they release into the market. While current federal law makes pursuing a wrongful death claim against a gun manufacturer difficult, it isn’t impossible. To learn more about how families grieving the loss of a loved one who died as a result of gun violence can pursue compensation for their loss, click here to view our recent post on the topic.

What Are Product Liability Laws, and Do They Apply to Gun Manufacturers?

Product liability is a type of personal injury case in which an injured party seeks to hold the manufacturer of the product that caused their injuries legally responsible. Product liability claims can be based on one of three theories: design defect, manufacturing defect, and failure to warn of a product’s dangerous characteristics. Under each type of product liability case, an injury victim or surviving family member seeking to hold a manufacturer liable typically does not need to prove that the manufacturer was negligent. Simply put, if a product is defective or fails to adequately warn consumers of the dangers posed by the product, the manufacturer can be held liable for any resulting injuries.

Product liability claims are important for several reasons. First, they allow injured parties and grieving families a way to obtain financial compensation after being injured or losing a loved one due to a manufacturer’s product. However, product liability laws are not just about compensating victims for past harms; they are also an effective way to encourage companies to make safer products, better regulate existing products, and to adequately warn consumers about the dangers of a product. In other words, a company that knows it could be financially liable for any harm caused by its products is incentivized to ensure that its product is safe. Almost every product falls within product liability laws.

However, lawmakers intentionally carved out a major exception for gun manufacturers and gun dealers. In 2005, following a number of lawsuits brought by individuals and municipalities attempting to hold gun makers liable for multiple instances of gun violence, Congress passed the Protection of Lawful Commerce in Arms Act. The Protection of Lawful Commerce in Arms Act provides broad protections to gun manufacturers, preventing government entities and victims of gun violence from pursuing claims against gun makers. Thus, when it applies, the Protection of Lawful Commerce in Arms Act prevents surviving family members from holding gun manufacturers liable for the loss of their loved ones.

What is the Protection of Lawful Commerce in Arms Act

The Protection of Lawful Commerce in Arms Act (PLCAA) is a federal law that provides civil immunity to gun manufacturers and dealers under certain circumstances. The PLCAA was introduced into the Senate by Senator Larry Craig (R-ID) on February 16, 2005, and was signed into law by President George W. Bush on October 26, 2005. Under the PLCAA, most civil claims, including personal injury and wrongful death claims filed against gun manufacturers and gun dealers, are not allowed. However, the PLCAA contains several exceptions that allow victims of gun violence to bypass the strict bar on filing a lawsuit against a gun manufacturer.

Exceptions to the Protection of Lawful Commerce in Arms Act

While under the PLCAA, gun dealers and manufacturers have immunity from a lawsuit stemming from “criminal or unlawful misuse” of firearms or ammunition, the PLCAA contains numerous exceptions. If an exception is met, the PLCAA does not provide immunity to a gun manufacturer or dealer and victims of a shooting are able to sue them in a court of law. The exceptions to the PLCAA are:

• A case brought against a person or company convicted of “knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence”;

• A case brought against a gun seller for negligent entrustment or negligence per se;

• A case in which a gun manufacturer or seller knowingly violated a State or Federal statute applicable to the sale or marketing of firearms (provided the violation was a proximate cause of the harm);

• A case for breach of contract or breach of warranty in connection with the purchase of the product;

• A case for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense; or

• A case initiated by the Attorney General to enforce the Gun Control Act or the National Firearms Act.

Thus, while the PLCAA prevents most civil cases against gun manufacturers, it does not prevent them all. Those who are looking to hold a gun maker accountable for the losses their family suffered should reach out to an experienced personal injury and wrongful death lawyer to discuss their options.