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Pastimes : Investment Chat Board Lawsuits
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To: Ben Wa who wrote (1610)5/26/2001 2:47:07 AM
From: Jeffrey S. Mitchell  Read Replies (2) of 12465
 
Ben Wa, products in and of themselves are not what prompt lawsuits, but rather the proper use and proper representation of them. That's why we have warning labels all over everything and why we have laws that govern advertising. While certain types of guns are legal, others are not. We can argue forever about where to draw the line or if one should be drawn, but suffice to say, for example, many lawmakers draw the line at so-called assault weapons.

In searching the net for gun related lawsuits I see that the "landmark" case is called "Merrill v. Navegar, Inc." which is now before the Supreme Court of California (arguments were on May 9, 2001). According to the CA Court of Appeals: 'The manner in which Navegar manufactured and marketed the TEC-9 and TEC-DC9 to the general public "created risks above and beyond those citizens may reasonably be expected to bear in a society in which firearms may legally be acquired and used and are widely available."' gunlawsuits.org

It appears to me that gunmakers are not being sued for legal use of their legal firearms, but for things like "failure to incorporate feasible safeties into firearms which would prevent unauthorized access and misuse." In other words, gunmakers are being sued for negligence-- for not taking precautions to prevent an act as opposed to the act itself which was the premise of your analogy.

- Jeff
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