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In reply to the discussion: Sanders: Gun control no "magic formula" for terrorism [View all]SunSeeker
(58,416 posts)It is basic tort law. If a product manufacturer's negligent design was even partially at fault, let's say the jury found them 5% at fault, they would still be liable for 5% of the damages caused when, say, a criminal drove too fast to get away from cops and crashed into someone in part because the breaks were defective.
That exception 5 in the PLCAA says the criminal is deemed the "sole" cause--no matter what. No matter if they made the gun specially for that shooter and put his name on it with the address to the nearest elementary. No such immunity provision is available to ANY other consumer product manufacturer. That is a big gift for gun manufacturers. Even if the jury determined that the manufacturer was only 1% at fault, that could still add up to a lot of money in a mass killing. How much do you think manufacturers would have been hit for, even if only 1% at fault for the Aurora shooting, for making and marketing to civilians an AR-15 and a 100 round magazine that is specifically designed for mass killings? Or a bullet manufacturer selling 5,000 bullets at a time, no questions asked, over the internet?