New Orleans' product liability lawsuit against the firearm industry breaks some new - and interesting - ground.
The October lawsuit, modeled after similar actions against the tobacco industry, targets 15 gun manufacturers - including three local companies - in an attempt to force them to pay for damages to society.
The city argues that money spent on police work, hospital bills and other expenses can hit around $268,000 per shooting.
What makes the New Orleans case so interesting is that the city is suing companies because their products work as advertised.
Most products aren't billed as lethal. So when a supposedly safe object kills someone during routine use, a product liability lawsuit is expected.
But no one buys a gun thinking it won't kill someone it's aimed at. That's its job.
Product liability suits against gun manufacturers would make more sense if guns were blowing up in the hands of owners, or if they worked great on the range but only shouted "Hey, over here!" when pointed at burglars.
Instead, manufacturers like Mira Loma-based Lorcin Engineering Inc. are being sued because, when their products are pointed at people and the trigger is pulled, a bullet flies forth from the business end. Which is, of course, what they designed the guns to do.
Just as tobacco litigation paved the way for the gun lawsuit, one can expect the latter to trigger a barrage of copycat efforts if it succeeds.
Think of the precedent: Whenever misuse of an object results in damage and a high cost to society, government can sue the manufacturer for not preventing it.
Some examples of weird suits we might see:
A 14-year-old steals a Ford Taurus and drives through a crowd of pedestrians on the Las Vegas Strip, killing a handful of No on 5 lobbyists. In response, Las Vegas sues Ford Motor Co. for making an unsafe car.
California, fed up with high-speed pursuits, sues the automobile industry for the cost of chasing fugitives and the accidents that result.
The Federal Bureau of Investigation sues modem maker U.S. Robotics Inc. for damage hackers have inflicted on society and the cost of trying to catch them.
Miami police sue makers of plastic baggies, arguing that Crockett and Tubbs would spend less department dough nabbing bad guys if drug smugglers had to carry each grain of cocaine individually.
Gray Scott , who doesn't own a gun and thinks hunting isn't a sport without a blowgun or boar spear, may be reached at (909) 980-7330, Ext. 26, or via e-mail at grays @pe.net
Originally published in The Business Press 11/16/98
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