A Sense of Duty: Retiring the 'Special Relationship' Rule and Holding Gun Manfacturers Liable for Negligently Distributing Guns
46 Pages Posted: 10 Oct 2001 Last revised: 27 Jul 2013
Date Written: 2000
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.
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