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Court rules Remington can be sued over Newtown shooting

Court rules Remington can be sued over Newtown shooting”

Connecticut's supreme court ruled Thursday that United States gunmaker Remington can be sued over the 2012 massacre at the Sandy Hook elementary school in which one of its weapons was used.

On Thursday, the justices ruled that while the lower court was correct in dismissing numerous plaintiffs' claims in the wrongful death lawsuit, the plaintiffs should be allowed to proceed with arguments on whether Remington's marketing of the weapon violated state trade practices.

The groundbreaking decision overturned a lower-court ruling barring the lawsuit, which was brought by the estates of nine victims killed by Adam Lanza, who was armed with the high-powered rifle during his assault on the school.

Lanza used a Bushmaster XM15-E2S rifle during the shooting, which the plaintiffs argue is a similar weapon to the AR-15.

The families' lawsuit can now bypass the Protection of Lawful Commerce in Arms Act, which Congress passed in 2005, making it impossible for survivors of gun violence to hold manufacturers accountable for selling weapons to shooters.

The lawsuit alleges that gun manufacturer Remington glorified the AR-15 weapon and marketed it to young people, which led to 20 children and six faculty members at Sandy Hook Elementary being gunned down by Adam Lanza.

The defendants counter that all of the plaintiffs' legal theories are not only barred under CT law, but also precluded by a federal statute, the Protection of Lawful Commerce in Arms Act (PLCAA).

A lower court judge had dismissed the lawsuit filed by Hockley and other parents, citing a 2005 federal law that shields gun manufacturers from liability when their products are used in crimes.

The Connecticut Supreme Court ruled Thursday Remington could be sued over how it marketed the Bushmaster rifle used by a 20-year-old man with mental health problems to kill 20 first-graders and six educators at the Newtown school in 2012. "Today's decision is a critical step toward achieving that goal", Mr Koskoff said.

Military-style rifles have been used in many other mass shootings, including in Las Vegas in October 2017 when 58 people were killed and hundreds more injured.

A Washington Post database says there have been 162 mass shootings in the United States since 1966, but numerous deadliest incidents have occurred in the past few years.

The decision represents a major victory for the families of the 20 first-grade children and six educators who were killed in one of the deadliest mass shootings in USA history, which inflamed outrage among gun control advocates who demanded lawmakers work to prevent mass shooting.

The court ruled that the case can move ahead based on a state law regarding unfair trade practice, although legal experts predict any appeal of the ruling by the gun maker would likely be taken up by the U.S. Supreme Court. Several groups, ranging from the NRA to emergency room doctors, submitted briefs to the court.

Families of schoolchildren gunned down in the 2012 Sandy Hook massacre can sue Remington Outdoor Co, a United States court has ruled. The lawsuit will now allow the plaintiffs to gain access to internal Remington documents that can shed light on its advertising practices.



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