Families of 10 Newtown victims file lawsuit against gunmaker, distributor, store

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  • HoughMade

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    I think you could argue negligence because as I said earlier, she knew her kid was unstable and didn't take any precautions to secure her firearms. At least that's what I'd try to argue.

    Failure to secure is not the same as entrustment. Entrustment is actively giving something to a person or at the very least, them using it with your permission. I imagine that it was difficult for her to give permission at the point in time he took the Bushmaster.

    ....and having just made myself a considerably dumber lawyer by reading the Complaint....and weeping for what was probably (long before my time on this planet) a proud and honored profession....I'll just say this- that lawsuit is not against Nancy Lanza. Maybe another one is.
     
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    Alamo

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    Failure to secure is not the same as entrustment. Entrustment is actively giving something to a person or at the very least, them using it with your permission. I imagine that it was difficult for her to give permission at the point in time he took the Bushmaster.

    ....and having just made myself a considerably dumber lawyer by reading the Complaint....and weeping for what was probably (long before my time on this planet) a proud and honored profession....I'll just say this- that lawsuit is not against Nancy Lanza. Maybe another one is.

    Also, they are not suing the mother for negligent entrustment, just the manufacturer, distributor, and seller. None of which transferred the rifle to Adam Lanza.

    ETA: Whoops, you said that. Somehow didn't pick it up until third read. sigh.

    Eugene Volokh's take on it: Lawsuit filed against gun manufacturers and dealers over Sandy Hook murders - The Washington Post
     

    ljk

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    The suits should be directed at the school corporation for not building a building with proper physical security such as unbreachable doors and windows and not having a workable plan to neutralize an intruder.

    don't forget to sue themselves for sending their loved ones to a death trap.
     

    sharpetop

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    As long as they're looking for targets to sue. How about suing the hospital where Adam Lanza was born? Had they done their due diligence and recognized what a threat he was to the world, they could have snuffed him out right then and there.

    ^^^^ This, right here!
     

    FreeFAL

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    I'm not sure who if anyone should be sued, since the full report was never released.

    I still smell a rat.

    The suits should be directed at the school corporation for not building a building with proper physical security such as unbreachable doors and windows and not having a workable plan to neutralize an intruder.
     

    HoughMade

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    Negligent for not installing doors that could be locked from the inside and which were not bulletproof....

    First, as for able to be locked from the inside, address one problem, create 20 more. I can envision scads of scenarios where that would create danger.

    Second, bullet proof glass- is there a school in the country with that? How many? The standard of care is not what could be done, it what the reasonable person would do in the same situation given the reasonably foreseeable harm. It's pretty tough, though not impossible, to hold someone liable for not doing something that virtually no one else does.
     

    Leo

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    Hey, I got an idea, why don't we keep the criminals and nutjobs locked up or hung and let the citizens be able to move freely through their homes, property and public places? A few would trickle through, but our communities would be better places.
     

    looney2ns

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    So, if you sue someone over lax security, why don't you include the fact that no one inside the school had a gun as part of said security! Oh wait, nothing bad ever happens in a school to require a gun.
     

    223 Gunner

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    My comment to the article: "I'm glad that the families of the victims have recovered sufficiently to start thinking with their bank accounts".

    It's amazing how money can "comfort" those that lost their childern. The world is full of greedy people that always want to point the finger at someone else, so that they can fatten their bank accounts.
     

    Drail

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    This is about lawyers making money. Nothing more. It's just like the drug trade. Take the money out of it and they might have to get a real job. The people who are responsible are the judges who allow these cases to even stand trial and the politicians who create the absurd laws (like GFZs). It's going to get worse. The U.S. leads the world in the production of lawyers and there are now more law students in school than there are presently lawyers in practice.
     

    jwh20

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    This is about lawyers making money. Nothing more. It's just like the drug trade. Take the money out of it and they might have to get a real job. The people who are responsible are the judges who allow these cases to even stand trial and the politicians who create the absurd laws (like GFZs). It's going to get worse. The U.S. leads the world in the production of lawyers and there are now more law students in school than there are presently lawyers in practice.

    In general I agree but in this case it's also, perhaps even mostly, about political posturing and trying to show the world how "evil" the gun manufacturers and the NRA are.

    But your point on the lawyers is good news right? With so many people well trained in the law, the amount of unlawful activity should certainly go down. NOT!
     

    HoughMade

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    Everybody wants to get rid of lawyers...until they need one. Then they'll explain how their situation is so much different that everyone else's.

    ...but I agree that there are too many lawyers and law schools have lowered their standards to rake in the money from students. My alma mater charges about $40,000 a year...shameful.
     

    JettaKnight

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    Everybody wants to get rid of lawyers...until they need one. Then they'll explain how their situation is so much different that everyone else's.

    ...but I agree that there are too many lawyers and law schools have lowered their standards to rake in the money from students. My alma mater charges about $40,000 a year...shameful.

    If we got rid of all the lawyers, why would we need one? :dunno:
     

    JettaKnight

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