Parents of 10 Sandy Hook Students Prepare to Sue Bushmaster and Others for Wrongful Death
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Grieving the loss of a child must be one of the hardest things a parent could ever have to do. Especially in a case where the killer committed suicide it’s probably particularly hard to get closure. That could explain the reasoning behind what appears to be up to 10 wrongful death lawsuits that are probably coming up in the near future.
According to MSN:
Sources said several families met over the weekend with lawyers from Koskoff, Koskoff & Bieder, a Bridgeport, Conn., law firm, to discuss a potential lawsuit against Bushmaster, the North Carolina-based manufacturer of the Bushmaster AR 15 that Adam Lanza used to kill 20 first-graders and six adults on Dec. 14, 2012.
There have also been discussions with other lawyers about filing a lawsuit against the town over security issues at the school on the day of the massacre or about suing the estate of Nancy Lanza.
The deadline to file civil lawsuits against the town of Newtown or the school board is Sunday, two years after the shooting. There are circumstances where a lawsuit against a private company, such as a gun manufacturer, could be filed within three years but that statute normally deals with product liability cases, which is not an issue here, according to several lawyers not involved with the case.
The parents mentioned above have also filed court documents to establish estates for their deceased children, which would be the first step in a wrongful death suit.
It would seem that the parents would have a hard time overcoming the Protection of Lawful Commerce in Arms Act. Via Wikipedia:
In the years before passage of the act, victims of firearms violence in the United States had successfully sued manufacturers and dealers for negligence on the grounds that they should have foreseen that their products would be diverted to criminal use. The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for negligence when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S. based manufacturer of consumer products (i.e. automobiles, appliances, power tools, etc.) are held responsible.