Joined: 17 Jun 2006
|Posted: Mon Dec 23, 2019 3:38 am Post subject: Toronto shooting victims launch lawsuit against S&W
|Plaintiffs in the lawsuit are seeking $50 million in general damages and $100 million in punitive damages.
The lawsuit alleges that the gun manufacturer was negligent because it failed to incorporate what it calls smart gun technology into the weapon, a safety measure that prevents unauthorized users from firing the weapon.
And as everyone said at the time, Tomkins PLC was stupid to say they would put that technology into S&W guns, because it wasn't workable and didn't exist and they would simply expose themselves to lawsuits when they didn't do it. Which is what is happening. All they did was annoy their customers, and it's a classic example of a foreign company not understanding the market they were in.
However, if the liability laws in the US were the same as in Canada, then the lawsuit protection law in the US wouldn't be needed, because there's zero chance of getting a claim of $150 million in Canada. And it doesn't appear as though they've sued the importer, or the dealer the gun was stolen from, or anyone else involved, so I doubt this will go very far if they get a judge who looks at it objectively.
The only bit I was interested in is that they've identified where the gun came from. In the press they said it was stolen from a licenced gun owner and then there were stories it was illegally imported from the US. In fact it was stolen from a dealer and the M&P40 is the sort of gun sold to security companies and the police, so the truth was somewhere in the middle.
Only three things are certain: death, taxes and stupid gun laws.