On Tuesday, the families of nine victims of the Sandy Hook Elementary School shooting announced that they have agreed to a $73 million settlement against the maker of the rifle used to kill 20 first graders and six teachers in 2012.
Remington’s insurers have all agreed to pay the total due to the suit which argued Remington’s questionable marketing methods of the AR-15-style rifle used in the mass shooting.
Families initially sued with hopes of stopping future shootings in part by putting companies that insure gun manufacturers on notice that they could be forced to pay huge amounts in some circumstances. Families also fought to release documents obtained during the discovery phase of the suit, showing how Remington targeted insecure young men specifically in their marketing campaigns.
Federal law is usually known to protect gun-makers in the U.S. from liability in the case of misuse from gun owners. However, the families in the suit argued that Remington’s marketing violated the state’s consumer law and prioritized profits over public safety. This settlement will mark the first time that damages of this magnitude are awarded against a gun manufacturer in the U.S. based on a mass shooting. State policies surrounding gun manufacturers and users are complicated by the discrepancies between local legislation. For example, last year, Nevada’s Supreme Court ruled the manufacturers of the weapons used in a 2017 mass shooting on the Las Vegas Strip couldn’t be held responsible for the killings because of a state law that shielded them from liability unless a weapon malfunctions.
The families of the victims of Sandy Hook, Las Vegas, and the hundreds of other violent occurrences that have taken place throughout the years, are forever impacted by gun violence and misuse of gun ownership. The conversation around the Second Amendment is evolving now into one that asks who is responsible for gun violence. Gun manufacturers were seldom considered responsible for tragic mass shootings, while the Constitution protects individuals’ rights to carry arms. While debate continues, 51 mass shootings have taken place since January 1, 2022 alone.
The path to healing and preventing this kind of violence is unclear, yet we do know that discourse needs to expand from its current topics, and consider other issues intertwined with the root causes of mass shootings. These subjects include mental health, affordable healthcare, socioeconomic disparities, education, and accessibility to guns.
This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA law group specializes in Immigration law, Criminal Defense, Personal Injury, and Government Relations.
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