In 2023, about 2,100 people died from gun-related injuries in Georgia. Some of these deaths are suicides or accidents, but many others are the result of violent attacks or drive-by shootings. Some surviving family members wonder why we can’t sue the gun manufacturer for these deaths.
The reality is that gun manufacturers have certain protections which shield them from legal liability. Although we can sometimes sue a manufacturer or gun seller for wrongful death, the general rule is that they are immune from suit. A wrongful death lawyer at Stewart Miller Simmons Trial Attorneys explains the general rule and then looks at key exceptions.
The 2005 Protection of Lawful Commerce in Arms Act (PLCAA)
The PLCAA is a federal law which gives immunity to manufacturers, dealers, and sellers of firearms or ammunition from civil actions resulting from the criminal misuse of firearms. This federal law trumps any state law to the contrary, so the PLCAA applies coast to coast.
At the time of its passage, some cities were filing lawsuits against gun manufacturers. The goal was to stem the flow of weapons into their communities and seek monetary damages for harms committed. Congress responded by giving manufacturers and others (like dealers or sellers) immunity, with only narrow exceptions.
This is an expansive law. Immunity means that a dealer, seller, or manufacturer doesn’t even need to defend themselves. They can simply raise immunity early in the case and get it dismissed, saving them money from having to defend themselves.
This law has faced criticism from many politicians. Some argue that the gun industry is given a blank check to turn a blind eye to criminal use of their firearms. However, there are certain exceptions to the law. In narrow cases, we might sue a manufacturer, dealer, or seller.
Exceptions when You Might Sue
The law provides six exceptions where sellers, dealers, and/or manufacturers can face a lawsuit:
1. A defendant was convicted for transferring a weapon knowing it would be used in a drug trafficking or violent crime. For example, if a man gives a gun to his brother so he can rob a bank, then the man transferring the weapon can be sued.
2. A seller negligently entrusted the gun to someone they knew or should have known was an unreasonable risk. A dealer who sells a gun to a child has negligently entrusted it to someone who is a danger.
3. A manufacturer or seller violated a state or federal law related to the sale or marketing of the product.
4. You are bringing a lawsuit for breach of contract or warranty in connection with the purchase of a gun.
5. You are filing a personal injury case based on a gun defect.
6. The Attorney General sues to enforce the National Firearms Act or Gun Control Act.
Only some of these are relevant to a wrongful death case—in particular, #1, #2, and #5.
Illegal Transfer
If someone transferred a gun knowing it would be used in a violent crime, then surviving family members can probably bring a wrongful death lawsuit against that person. This might be an option for a gang-related death or shooting, where guns are knowingly supplied to help commit a crime.
Negligent Entrustment
Similarly, we might bring a wrongful death case based on negligent entrustment. Imagine that parents give their 12-year-old son a gun for Christmas. The child has mental health problems and isn’t trained on how to use a firearm. The parents could face a lawsuit because giving the child a gun was not a reasonably careful thing to do.
The same is true if a gun seller supplied a gun to someone who was obviously a risk. Let us look into the facts.
Gun Defect
We can also bring a wrongful death claim based on a product liability. If the gun is defective, and this defect caused death, then we can usually sue the manufacturer. Ideally, we will need to see the gun so we can point to a defect in the design or manufacture of the product.
Can You Sue for a Gun-Related Death?
As surviving family members, you are empowered to sue anyone who intentionally or negligently kills a loved one. This means you can always sue anyone who shot your spouse, child, or parent.
However, this person might not have any money to pay a settlement. Wrongful death cases are civil actions for monetary damages only. This isn’t a criminal case. If you are successful, you can receive compensation for various losses, such as lost financial support, lost services, and the loss of your relationship.
Many criminals have no resources. You can sue them and even win, but you’ll never see a dime because they are broke. Therefore, it is helpful to try and add a manufacturer, gun dealer, or seller as a defendant. They might have deeper pockets to pay a settlement to surviving family members.
The Protection of Lawful Commerce in Arms Act can frustrate any attempt to seek accountability. Still, some exceptions exist, and our job is to see if we can fit your case to one of them.
Call Our Wrongful Death Legal Team Today for a Free Consultation
Gun violence is a public health crisis, with no easy solution in sight. It requires a coordinated response at the national level.
If you lost a beloved family member to gun crime, then we can possibly help you bring a wrongful death claim. At Stewart Miller Simmons Trial Attorneys, we believe the justice system sometimes fails families. However, a civil wrongful death suit is one way to extract a measure of accountability from someone for violently killing a loved one. Call our office to schedule a free consultation.
We know this is a difficult time. In a confidential meeting, we can discuss what happened to your beloved family member and analyze who you can hold accountable. If possible, we will bring a legal claim against a gun seller, dealer or manufacturer. Call us at (404) 529-3476.