Abstract

http://ssrn.com/abstract=286376
 


 



A Sense of Duty: Retiring the 'Special Relationship' Rule and Holding Gun Manfacturers Liable for Negligently Distributing Guns


Rachana Bhowmik


Brady Center to Prevent Gun Violence

Jonathan E. Lowy


Brady Center to Prevent Gun Violence

Allen Rostron


University of Missouri at Kansas City - School of Law

Rachel Hoover


Stanford Law School

2000

Journal of Health Care Law & Policy, Vol. 4, Pp. 42-87, 2000

Abstract:     
In response to recent litigation brought against the gun industry on behalf of individuals and municipalities victimized as a result of the negligent marketing, design, and distribution of guns, the gun industry has argued that they cannot be held responsible for the victims' injuries because they have no "special relationship" with the victims. Without a "special relationship," gun manufacturers claim to have no duty whatsoever to design, market, or distribute guns in a reasonable fashion. This article examines the fallacies inherent in the gun industry's "special relationship" argument and discusses the factual, legal and policy grounds that support holding the gun industry responsible for its role in facilitating the misuse of guns.

Number of Pages in PDF File: 46

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Date posted: October 10, 2001 ; Last revised: July 27, 2013

Suggested Citation

Bhowmik, Rachana and Lowy, Jonathan E. and Rostron, Allen and Hoover, Rachel, A Sense of Duty: Retiring the 'Special Relationship' Rule and Holding Gun Manfacturers Liable for Negligently Distributing Guns (2000). Journal of Health Care Law & Policy, Vol. 4, Pp. 42-87, 2000. Available at SSRN: http://ssrn.com/abstract=286376

Contact Information

Rachana Bhowmik (Contact Author)
Brady Center to Prevent Gun Violence ( email )
1225 Eye Street, N.W. - Suite 802
Washington, DC 20005
United States
(202) 289-7319 (Phone)
(202) 408-9748 (Fax)
Jonathan E. Lowy
Brady Center to Prevent Gun Violence ( email )
1225 Eye Street, N.W. - Suite 802
Washington, DC 20005
United States
(202) 289-7319 (Phone)
(202) 408-9748 (Fax)
Allen K. Rostron
University of Missouri at Kansas City - School of Law ( email )
5100 Rockhill Road
Kansas City, MO 64110-2499
United States
Rachel Hoover
Stanford Law School ( email )
165 Sierra Vista Avenue, Apt. 1
Mountain View, 94043
(202) 289-7319 (Phone)
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