![]() ![]() But instead of comprehensively reforming its business practices in response, the industry responded by lobbying to pass new gun industry immunity laws in states across the nation to prevent plaintiffs from bringing many types of lawsuits against firearm and ammunition manufacturers and sellers. In the 1990s, a series of lawsuits resulted in court judgements holding certain members of the firearms industry liable for particularly reckless practices. In too many cases, however, this principle does not apply to the gun industry because the industry has obtained unprecedented immunity from this system of justice and accountability. Traditionally, this means that victims harmed by wrongful industry conduct, or public officials acting on the people’s behalf, can seek fair justice and accountability in the courts by filing lawsuits seeking monetary compensation or other court-ordered relief when industries have negligently or recklessly caused harm or failed to take reasonable steps to prevent foreseeable harm. In circumstances where legislators have been unwilling to enact laws regulating a dangerous industry, the possibility of civil litigation-lawsuits-can help incentivize industries to take reasonable steps to prevent their products or business practices from causing foreseeable risks to human life and wellbeing. BackgroundĬivil liability plays an important role in promoting community and consumer safety. In recent years, four states have also enacted victims’ access to justice laws that codify standards of responsible conduct for the firearm industry and ensure that more victims of gun violence can bring civil suits seeking justice and fair remedies in court. Some victims of gun violence have found avenues to seek justice and compensation for harms caused by wrongful gun industry conduct, although often after years of long and painful litigation to affirm their right to sue the gun industry under exceptions to state and federal gun industry immunity laws. Importantly, however, these exemptions are not absolute. Many states have also enacted similar laws that shield firearm and ammunition manufacturers, dealers, and other industry members from many kinds of traditional civil lawsuits. But the profit-seeking gun industry has enjoyed enormous exemptions from liability and accountability in court since President Bush signed the federal Protection of Lawful Commerce in Arms Act (“PLCAA”) into law in 2005. With nearly every other industry in the United States, civil liability can be used as an important check on irresponsible and harmful industry behaviors. A federal gun industry immunity law adopted in 2005 slams courtroom doors shut on many civil claims against the gun industry. But state laws can help push back. ![]()
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