Our Law Blog

Is it true that firearm manufacturers can't be sued for negligence?

No. Contrary to what many believe, firearms manufacturers, and even firearm distributors and gun store retailers, can be sued for firearm injuries and firearm misuse as a result of negligence.

It is true, however, that gun companies can't be sued when one of the firearms they made or sold is used in a crime AND the gun company wasn't negligent.

There are two important laws to understand when it comes to liability for firearm injuries or deaths.

First, the Protection of Lawful Commerce in Arms Act (PLCAA) insulates firearm companies from liability from the misuse of the firearms they make or sell as long as the companies don't encourage the misuse nor are they negligent in their business.

Second, the firearms industry is outside the control of the Consumer Products Safety Commission (CPSC) because they are one of the few industries that pay a federal excise tax on their products. This means that a recall of a product can not be forced for public safety the concerns - the firearms industry must regulate itself and it is in each manufacturer's discretion whether to recall a firearm.

This leaves two big areas where gun companies can be sued as a result of someone being injured or killed with a firearm:

(1) A firearm is used in a crime and the gun company (firearm manufacturer, distributor, and/or retailer) is partly to blame because of their negligence, or

(2) Someone is injured or killed due to a defective gun or unsafe firearm design and the manufacturer either failed to identify the problem or failed to remedy it.

Let's explore each of these scenarios to learn when a firearm company may be partly to blame for an injury involving a firearm suffered by yourself or a loved one.

*note - It is often said, "guns don't kill people, people kill people." This is true. A firearm is an inanimate object, a tool. People are injured or killed either by a person using the firearm or by a company who negligently designed/sold a firearm. In both of these cases, someone is at fault.

Hospital-acquired infections can make any patient's injuries even worse as a result of poor healing. Many infections in hospitals are particularly resistant to antibiotics and other treatments because of their constant exposure to these methods of treatment.

Health care-associated infections are contracted by around one in 20 patients, according to the Centers for Disease Control and Prevention, which leaves the patients open to worsening conditions. Patients are more likely to acquire these infections than the staff at a hospital due to suppressed immune systems and being in close quarters with other infected individuals. However, with good safety techniques and clean behaviors, hospital staff members can reduce the risk of acquiring an infection.

Many states are making strides toward the elimination of the dangers of distracted driving – and Arizona is no different.

A bill was recently signed into law in Arizona that directly impacts teen drivers. Starting July 1st, 2018, drivers younger than 18 are prohibited from using any wireless devices, with certain caveats. While the law has limited reach – new drivers younger than 18 who are operating the vehicle under a learner’s permit or are driving during the first six months of their provisional license – it is a critical first step in moving toward a ban on texting while driving.

Giving birth is a scary, exhilarating and rewarding experience. It could arguably consist of a mixture of all possible emotions, from pain and fear to love and joy. But for some mothers, giving birth has consequences to their bodies or to their baby that could affect them for the rest of their lives.

When medical complications arise during the delivery process, they may be unavoidable. However, it is the responsibility of the hospital and the medical practitioners to make sure that the situation is as safe as possible, as well as to mitigate any risks.