Families of Sandy Hook Victims Plan to Sue Bushmaster

**Tom Servo** · December 15, 2014, 06:31 PM

A group of families, organized by the law firm of Koskoff, Koskoff & Bieder, is planning to bring a wrongful death suit against Bushmaster Firearms because one of the company's rifles was used in the Sandy Hook shooting. In theory, such a lawsuit would be forbidden by the Protection in Lawful Commerce in Arms Act. In practice, it's not as clear.

A Bushmaster rifle was also used in the 2002 DC Beltway shootings. The Brady Campaign brought suit against them, and the company eventually settled. Doing so set a terrible precedent, and the lawyers smell blood in the water.

Koskoff, Koskoff & Bieder has taken a keen interest in product-liability lawsuits against gun manufacturers.

Here's the actual court filing (pdf).

On page 9, they have a section entitled, "A 'Civilian' Weapon with no Legitimate Civilian Purpose." The first allegation is that, "there is no evidence that semiautomatic rifles are commonly used for, or necessary for, legitimate self-defense by law-abiding citizens." It goes on.

On page 11, they argue that such weapons should only be entrusted to the military.

The first wrongful-death count begins on page 17:

Bushmaster should have known that marketing their rifles "posed an unreasonable and egregious risk of physical injury to others."
They knew, or should have known, "of the civilian population's poor track record of safely securing weapons."
They knew, or should have known, of an "unreasonably high risk" that their weapons would be used in mass shootings.
The use of their rifles for "hunting, sporting, or self defense was negligible in comparison to the risk that the weapon would be used in its assaultive [is that a word?] capacity.
They should have used technology that prevents the rifle from being used by anyone besides the actual owner.

It goes on to imply that Camfour and the gun dealer are also responsible based on those factors.
In case all this sounds familiar, it's the same set of arguments we've been hearing from lawmakers for years. Essentially, they're trying to get judges to legislate from the bench. I'd say this doesn't have much of a chance, but we're talking about Connecticut, here.

shooterdownunder · December 15, 2014, 06:42 PM

Quote:

They knew, or should have known, of an "unreasonably high risk" that their weapons would be used in mass shootings

How many are owned by civilians compared to the number of mass shootings?

Quote:

The use of their rifles for "hunting, sporting, or self defense was negligible in comparison to the risk that the weapon would be used in its assaultive [is that a word?] capacity.

Same question. I know several people that use them for sporting purposes.

Quote:

They should have used technology that prevents the rifle from being used by anyone besides the actual owner.

Does such a technology exist outside of judge dredd?

1stmar · December 15, 2014, 06:43 PM

If they settle again it's as good as winning. The end result will be the same. More bad press for semi's especially ARs and a serious fear by manufacturers who may second guess selling them to civilians. The settlement for this would be huge.

Targa · December 15, 2014, 07:18 PM

We can blame our judicial system. If it would hold these ambulance chasers in contempt of court and suspend their license to practice law for so much as filing such frivolous crap, the world would be a much better place. Anyway, it is what it is, we live in disturbing times that are only getting worse.

Jo6pak · December 15, 2014, 07:23 PM

It was only a matter of time.
Lawyers looking to make money, people pushing an agenda, and misguided grief.

Emerson Biggies · December 15, 2014, 07:31 PM

yes!- my daughter was almost killed in an automobile crash. She was stopped, waiting to make a left turn into our driveway when she was hit from the rear by a Chevrolet pick up truck. She was in the hospital for 2 years, and continues to have surgeries to this day. The guy that hit her had no drivers license, had plates from another vehicle on his truck, and had no insurance.
It's all the fault of Chevrolet for not using technology that would prevent the truck from being driven with the wrong license plates, an unlicensed driver, and no insurance. GM shoulda' known that something that goes this fast could be deadly! After all pickup trucks have no valid use for the common citizen and should be limited to trucking companies with professional drivers!

My daughter still walks with a walker. Has had her thighs fixed with steel bars 3 times, and sees the doctors every week and has her cast changed weekly. She has been in a nursing home for over 20 weeks. Has run medical bills of over 10 million dollars so far.

raimius · December 15, 2014, 08:47 PM

Pathetic. Those lawyers should be ashamed of themselves.

Who can look at the parents of murdered children and suggest they should get rich by suing a gun manufacturer?

I'd love to see the look on a judges face if someone argued straight-up that Bushmaster should have foreseen that one of the buyer's insane son would steal the firearm, murder the buyer in their sleep, then slaughter a classroom of kindergarten kids.

I do feel bad for the parents, as these charlatans convinced them that they could honor their kids memories by suing a gun manufacturer, distributor, and dealer. Even worse, in all likelihood, it will fail (rightfully so), and drag the parents through more pain and disappointment.

CowTowner · December 15, 2014, 09:47 PM

Well, it seems to me they should also be going after the ammunition manufacturer, distributor and dealer too! After all, the rifle is merely a club without the ammo to feed it.

I feel for anyone who's lost a family member to any type of violence. But to sue entities that legally had nothing to do with what a deranged individual does after the fact ought to be a crime.

Bella · December 15, 2014, 09:51 PM

What about going after the mother's estate since she left guns so that her cuckoo son could access them?

**Tom Servo** · December 15, 2014, 10:18 PM

Quote:

Even worse, in all likelihood, it will fail (rightfully so), and drag the parents through more pain and disappointment.

That's the problem: it didn't fail in 2003, when Bushmaster decided to settle rather than run up more legal bills.

lilguy · December 15, 2014, 10:28 PM

It will be interesting to see if the parents are in this for the money or to make a gun manufacturer admit their product is dangerous to society, that they knew it and did not care.

skizzums · December 15, 2014, 10:45 PM

I have been hearing about this story all last week on NPR about every ten minutes. they keep going on and on that they should be help responsible for making "military" weapons available to the "public", guns that were intended only for "government" and "law enforcement". really makes me sick, but regardless how I feel, it's missing the point. bushmaster didn't invent the ar15, and if your suing them, why not sure the 50 or so companies that make the same clone of the rifle. why isn't armalite ultimately responsible. NPR keeps bringing up that the NRA will like likely step in for the defense, and the NRA is a powerful gun lobbyist and sticks it's nose in places where families are suffering from unnecessary gun violence. WHY ARE OUR TAX DOLLARS STILL PAYING FOR NPR, even if it does only equal less than 1% of their operating costs like they say(but that's another issue). if this case goes to trial, which it should, it wouldn't hold up for a second. if it went to trial and bushmaster was found guilty than every old case could be opened back up for a civil suit against any gun company of any gun that was ever used in a crime, no judge would uphold that. then again, if it went to jury, and they couldn't get a change of venue, then the jury may side with the parents just for sympathy. who knows, its complicated, but absolutely ridiculous. saying you could sue faberware because someone stabbed my mother with a kitchen knife.

the NRA does need to get involved and give bushmaster limitless pockets for defense to avoid setting a precedent that the manufacturers of "objects" can be responsible fr other peoples actions. this story is just so frustrating and we need o all stand with bushmaster and offer our support. we need to start FB pages and hashtags getting the truth out about what these people are trying to do.

and I don't wanna hear about the "poor" parents being drug through this again and opening old wounds, this wouldn't be happening if it wasn't for them. I hate to sound cruel, but they feel they are owed something from the gun community for a tragedy that happened to them, not to the people as a whole. and yes it is a tragedy, but revenge isn't going to make the feel better, yet they aren't going to stop until they feel that people on the right of the gun cause is punished in one way or the other.

I know I am ranting, but this stuff makes my head dang near explode.

NateKirk · December 15, 2014, 10:49 PM

I don't think they have much of a case. To rule in favor of them would set a precedent that would make it possible to make a serious case against GM for car crashes, stove companies for burns, etc. At least I hope; I'm not a lawyer.

**44 AMP** · December 16, 2014, 12:34 AM

I think that morally, they should sue the government of Conn. After all, if the govt hadn't required those kids to be in a school to begin with, it never would have happened that way....

Or at least name the state, county, town and school in the suit as well as the gunmaker, ammo maker and the guy that sold the groceries that the killer ate.

They cannot get "justice" (let alone a fat paycheck for lawyers) from the guilty, he killed himself. So, they are going after whomever they have been convinced has "deep pockets".

HiBC · December 16, 2014, 01:21 AM

I read somewhere today it makes as much sense as suing Boeing for 9-11.

Horrific crime.Exploiting it for political purposes...vile.

Those kids and teachers are being used as step stones.

Cnon · December 16, 2014, 04:38 AM

Quote:

I read somewhere today it makes as much sense as suing Boeing for 9-11.

Horrific crime.Exploiting it for political purposes...vile.

Those kids and teachers are being used as step stones.

Makes about as much sense...............

chesterfield · December 16, 2014, 04:53 AM

I seem to remember a learned sage whose keen advice was "Never let a good tragedy go to waste". Apparently he has gained some new disciples.

4runnerman · December 16, 2014, 06:16 AM

We have entered a world were we are NEVER resposable for our actions anymore. It is always someone else's fault. It is a sad world happening right in front of us people. To many lawers and money hungry people out there. This case should not even be allowed to continue,but it will because the powers to be have no clue and are in the group of ( Not my Fault).

**Aguila Blanca** · December 16, 2014, 06:23 AM

Quote:

Originally Posted by 44 AMP

I think that morally, they should sue the government of Conn. After all, if the govt hadn't required those kids to be in a school to begin with, it never would have happened that way....

More to the point, they should be suing the Town of Newtown and the school district, for failing to provide a safe environment for the kids. That school reportedly had just installed a new "security" system that was intended to prevent exactly what took place. The system was ineffectual and thus, virtually by definition, inadequate and defective. But it led the parents to believe that their students were safe. Sort of like gluing sprinkler heads to the ceiling but not bothering to connect them to a water supply.

To show how foolish people can be, after Sandy Hook the elementary schools in a town near me made a huge deal about installing enhanced security in their schools. Turns out, they installed exactly the type of system that DIDN'T work at Sandy Hook.

skizzums · December 16, 2014, 06:41 AM

Same here, right after sandy all our schools got the little buzz in cameras, but they buzz in everyone who rings the bell, how could they know what they are packing under their jackets without n xray scanner like the int airports. Stupidity

And if my goal was to get in with a gun and go on a spree, that glass windowed door with a buzzer isn't going to stop me.

steve4102 · December 16, 2014, 08:43 AM

Who owns Bushmaster?
Cerberus Capital, Windham Weaponry,Freedon Group?

Who owned it when the Sandy Hook rifle was purchased and back in 2002 when Bushmaster caved to the Brady Campaign and does it matter?

**Tom Servo** · December 16, 2014, 01:13 PM

Quote:

More to the point, they should be suing the Town of Newtown and the school district, for failing to provide a safe environment for the kids.

Right, but this isn't really about culpability or restitution. It's about punishing the "gun lobby" for being, well, the "gun lobby."

That's the strawman they created, and they want to punish it.

**44 AMP** · December 16, 2014, 05:42 PM

I understand that they have razed the school where it happened. I can sort of understand that, removing the constant visual reminder, and all that...

I have also heard where Sandy Hook either has, or is planning to acquire the Lanza home, so they can raze it also.

I wonder how far they are willing to go....

2ndsojourn · December 16, 2014, 06:24 PM

The absurdity has no limit. By their logic, Boeing is responsible for the 9/11 attack, as well as Kalishnikov for today's mass shooting of a school in Pakistan.

I wouldn't be surprised to see Bushmaster (or whoever owns them now), Camfour, & the dealer settle. Not too encouraging.

Crankgrinder · December 16, 2014, 09:33 PM

If anybody needs to be used it's the school for not providing adequate security, and/or the federal gov. For the posting of 30.06 signs on every school in the country. The counter suit for this could be bigger than the first one, but I'm sure not a lawyer.

December 15, 2014, 06:31 PM	#1
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	Families of Sandy Hook Victims Plan to Sue Bushmaster A group of families, organized by the law firm of Koskoff, Koskoff & Bieder, is planning to bring a wrongful death suit against Bushmaster Firearms because one of the company's rifles was used in the Sandy Hook shooting. In theory, such a lawsuit would be forbidden by the Protection in Lawful Commerce in Arms Act. In practice, it's not as clear. A Bushmaster rifle was also used in the 2002 DC Beltway shootings. The Brady Campaign brought suit against them, and the company eventually settled. Doing so set a terrible precedent, and the lawyers smell blood in the water. Koskoff, Koskoff & Bieder has taken a keen interest in product-liability lawsuits against gun manufacturers. Here's the actual court filing (pdf). On page 9, they have a section entitled, "A 'Civilian' Weapon with no Legitimate Civilian Purpose." The first allegation is that, "there is no evidence that semiautomatic rifles are commonly used for, or necessary for, legitimate self-defense by law-abiding citizens." It goes on. On page 11, they argue that such weapons should only be entrusted to the military. The first wrongful-death count begins on page 17: Bushmaster should have known that marketing their rifles "posed an unreasonable and egregious risk of physical injury to others." They knew, or should have known, "of the civilian population's poor track record of safely securing weapons." They knew, or should have known, of an "unreasonably high risk" that their weapons would be used in mass shootings. The use of their rifles for "hunting, sporting, or self defense was negligible in comparison to the risk that the weapon would be used in its assaultive [is that a word?] capacity. They should have used technology that prevents the rifle from being used by anyone besides the actual owner. It goes on to imply that Camfour and the gun dealer are also responsible based on those factors. In case all this sounds familiar, it's the same set of arguments we've been hearing from lawmakers for years. Essentially, they're trying to get judges to legislate from the bench. I'd say this doesn't have much of a chance, but we're talking about Connecticut, here. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

December 15, 2014, 07:23 PM	#5
Jo6pak Senior Member Join Date: August 5, 2010 Location: West Coast...of WI Posts: 1,663	It was only a matter of time. Lawyers looking to make money, people pushing an agenda, and misguided grief. __________________ NRA Life Member, SAF contributor.

December 15, 2014, 07:31 PM	#6
Emerson Biggies Senior Member Join Date: November 15, 2014 Posts: 163	I'm gonna' sue Chevrolet yes!- my daughter was almost killed in an automobile crash. She was stopped, waiting to make a left turn into our driveway when she was hit from the rear by a Chevrolet pick up truck. She was in the hospital for 2 years, and continues to have surgeries to this day. The guy that hit her had no drivers license, had plates from another vehicle on his truck, and had no insurance. It's all the fault of Chevrolet for not using technology that would prevent the truck from being driven with the wrong license plates, an unlicensed driver, and no insurance. GM shoulda' known that something that goes this fast could be deadly! After all pickup trucks have no valid use for the common citizen and should be limited to trucking companies with professional drivers! My daughter still walks with a walker. Has had her thighs fixed with steel bars 3 times, and sees the doctors every week and has her cast changed weekly. She has been in a nursing home for over 20 weeks. Has run medical bills of over 10 million dollars so far.

December 15, 2014, 09:47 PM	#8
CowTowner Senior Member Join Date: October 17, 2007 Location: Cowtown of course! Posts: 1,747	Well, it seems to me they should also be going after the ammunition manufacturer, distributor and dealer too! After all, the rifle is merely a club without the ammo to feed it. I feel for anyone who's lost a family member to any type of violence. But to sue entities that legally had nothing to do with what a deranged individual does after the fact ought to be a crime. __________________ NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor *“Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......”* President John F. Kennedy

December 15, 2014, 10:45 PM	#12
skizzums Senior Member Join Date: July 1, 2013 Location: Douglasville, Ga Posts: 4,615	I have been hearing about this story all last week on NPR about every ten minutes. they keep going on and on that they should be help responsible for making "military" weapons available to the "public", guns that were intended only for "government" and "law enforcement". really makes me sick, but regardless how I feel, it's missing the point. bushmaster didn't invent the ar15, and if your suing them, why not sure the 50 or so companies that make the same clone of the rifle. why isn't armalite ultimately responsible. NPR keeps bringing up that the NRA will like likely step in for the defense, and the NRA is a powerful gun lobbyist and sticks it's nose in places where families are suffering from unnecessary gun violence. WHY ARE OUR TAX DOLLARS STILL PAYING FOR NPR, even if it does only equal less than 1% of their operating costs like they say(but that's another issue). if this case goes to trial, which it should, it wouldn't hold up for a second. if it went to trial and bushmaster was found guilty than every old case could be opened back up for a civil suit against any gun company of any gun that was ever used in a crime, no judge would uphold that. then again, if it went to jury, and they couldn't get a change of venue, then the jury may side with the parents just for sympathy. who knows, its complicated, but absolutely ridiculous. saying you could sue faberware because someone stabbed my mother with a kitchen knife. the NRA does need to get involved and give bushmaster limitless pockets for defense to avoid setting a precedent that the manufacturers of "objects" can be responsible fr other peoples actions. this story is just so frustrating and we need o all stand with bushmaster and offer our support. we need to start FB pages and hashtags getting the truth out about what these people are trying to do. and I don't wanna hear about the "poor" parents being drug through this again and opening old wounds, this wouldn't be happening if it wasn't for them. I hate to sound cruel, but they feel they are owed something from the gun community for a tragedy that happened to them, not to the people as a whole. and yes it is a tragedy, but revenge isn't going to make the feel better, yet they aren't going to stop until they feel that people on the right of the gun cause is punished in one way or the other. I know I am ranting, but this stuff makes my head dang near explode. __________________ My head is bloody, but unbowed

December 15, 2014, 06:43 PM	#3
1stmar Senior Member Join Date: March 21, 2012 Location: Connecticut Posts: 2,378	If they settle again it's as good as winning. The end result will be the same. More bad press for semi's especially ARs and a serious fear by manufacturers who may second guess selling them to civilians. The settlement for this would be huge.

December 15, 2014, 07:18 PM	#4
Targa Senior Member Join Date: March 20, 2014 Posts: 2,084	We can blame our judicial system. If it would hold these ambulance chasers in contempt of court and suspend their license to practice law for so much as filing such frivolous crap, the world would be a much better place. Anyway, it is what it is, we live in disturbing times that are only getting worse.

December 15, 2014, 08:47 PM	#7
raimius Senior Member Join Date: January 27, 2008 Posts: 2,199	Pathetic. Those lawyers should be ashamed of themselves. Who can look at the parents of murdered children and suggest they should get rich by suing a gun manufacturer? I'd love to see the look on a judges face if someone argued straight-up that Bushmaster should have foreseen that one of the buyer's insane son would steal the firearm, murder the buyer in their sleep, then slaughter a classroom of kindergarten kids. I do feel bad for the parents, as these charlatans convinced them that they could honor their kids memories by suing a gun manufacturer, distributor, and dealer. Even worse, in all likelihood, it will fail (rightfully so), and drag the parents through more pain and disappointment.

December 15, 2014, 09:51 PM	#9
Bella Senior Member Join Date: July 6, 2009 Posts: 341	What about going after the mother's estate since she left guns so that her cuckoo son could access them?

December 15, 2014, 10:28 PM	#11
lilguy Member Join Date: December 18, 2007 Posts: 56	It will be interesting to see if the parents are in this for the money or to make a gun manufacturer admit their product is dangerous to society, that they knew it and did not care.

December 15, 2014, 10:49 PM	#13
NateKirk Senior Member Join Date: February 28, 2013 Location: Detroit Posts: 435	I don't think they have much of a case. To rule in favor of them would set a precedent that would make it possible to make a serious case against GM for car crashes, stove companies for burns, etc. At least I hope; I'm not a lawyer. __________________ “Peace is that brief glorious moment in history when everybody stands around reloading".” ― --Thomas Jefferson

December 16, 2014, 12:34 AM	#14
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,813	I think that morally, they should sue the government of Conn. After all, if the govt hadn't required those kids to be in a school to begin with, it never would have happened that way.... Or at least name the state, county, town and school in the suit as well as the gunmaker, ammo maker and the guy that sold the groceries that the killer ate. They cannot get "justice" (let alone a fat paycheck for lawyers) from the guilty, he killed himself. So, they are going after whomever they have been convinced has "deep pockets". __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

December 16, 2014, 01:21 AM	#15
HiBC Senior Member Join Date: November 13, 2006 Posts: 8,283	I read somewhere today it makes as much sense as suing Boeing for 9-11. Horrific crime.Exploiting it for political purposes...vile. Those kids and teachers are being used as step stones.

December 16, 2014, 04:53 AM	#17
chesterfield Member Join Date: February 2, 2013 Posts: 44	I seem to remember a learned sage whose keen advice was "Never let a good tragedy go to waste". Apparently he has gained some new disciples.

December 16, 2014, 06:16 AM	#18
4runnerman Senior Member Join Date: January 16, 2010 Location: Minnesota Posts: 3,577	We have entered a world were we are NEVER resposable for our actions anymore. It is always someone else's fault. It is a sad world happening right in front of us people. To many lawers and money hungry people out there. This case should not even be allowed to continue,but it will because the powers to be have no clue and are in the group of ( Not my Fault). __________________ NRA Certified RSO NwCP- Performance Isn't Optional

December 16, 2014, 06:41 AM	#20
skizzums Senior Member Join Date: July 1, 2013 Location: Douglasville, Ga Posts: 4,615	Same here, right after sandy all our schools got the little buzz in cameras, but they buzz in everyone who rings the bell, how could they know what they are packing under their jackets without n xray scanner like the int airports. Stupidity And if my goal was to get in with a gun and go on a spree, that glass windowed door with a buzzer isn't going to stop me. __________________ My head is bloody, but unbowed

December 16, 2014, 08:43 AM	#21
steve4102 Senior Member Join Date: December 23, 2005 Location: Minnesota Posts: 2,952	Who owns Bushmaster? Cerberus Capital, Windham Weaponry,Freedon Group? Who owned it when the Sandy Hook rifle was purchased and back in 2002 when Bushmaster caved to the Brady Campaign and does it matter?

December 16, 2014, 05:42 PM	#23
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,813	I understand that they have razed the school where it happened. I can sort of understand that, removing the constant visual reminder, and all that... I have also heard where Sandy Hook either has, or is planning to acquire the Lanza home, so they can raze it also. I wonder how far they are willing to go.... __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

December 16, 2014, 06:24 PM	#24
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	The absurdity has no limit. By their logic, Boeing is responsible for the 9/11 attack, as well as Kalishnikov for today's mass shooting of a school in Pakistan. I wouldn't be surprised to see Bushmaster (or whoever owns them now), Camfour, & the dealer settle. Not too encouraging.

December 16, 2014, 09:33 PM	#25
Crankgrinder Senior Member Join Date: July 24, 2011 Location: Texas Posts: 917	If anybody needs to be used it's the school for not providing adequate security, and/or the federal gov. For the posting of 30.06 signs on every school in the country. The counter suit for this could be bigger than the first one, but I'm sure not a lawyer.