NCJ Number
155521
Journal
San Diego Justice Journal Volume: 3 Issue: 1 Dated: (Winter 1995) Pages: 263-284
Date Published
1995
Length
22 pages
Annotation
This article discusses the issue of liability for manufacturers of semiautomatic assault weapons when those weapons are used in criminal activity to injure innocent victims.
Abstract
The article draws upon tort theory, case law, and public policy considerations in discussing this controversial legal issue. The author concludes that the manufacturers, importers, and retailers of semiautomatic weapons should be held strictly liable in those cases where the weapons cause serious injury during the commission of a crime. These parties, imbued with a vested economic interest in the ongoing proliferation of their product, must share financial responsibility for the danger the guns present and the harm they create. The author argues that, given the risks and lack of utility semiautomatic weapons pose to American society, Restatement (Second) section 402A and the decision by the Maryland Court of Appeals in Kelley v. R.G. Industries provide a legal basis for imposing strict liability upon their makers and sellers. 139 notes