Sue Gun Manufacturers in Small Claims Court
There is a common misconception that gun manufacturers are exempt from being sued. While it is true that gun manufacturers cannot be held liable if their products are used in a crime, they CAN be sued for a range of other reasons.
Despite a federal law passed in 2005 known as Protection of Lawful Commerce in Arms Act (PLCAA) that protects gun manufacturers from being implicated in wrongful death claims, there have been a handful of cases in the last several years that demonstrate unequivocally that gun manufacturers can and should be held legally responsible for damages.
Most notably, in 2019, the US supreme court ruled that a case brought against industry giant Remington Arms Co. by the families of victims of the mass shooting at Sandy Hook Elementary School would be allowed to proceed. In this case, the plaintiff's claim that Remington was partially responsible for the damages due to irresponsible marketing practices that broke state and federal laws.
Victims of gun violence can and should be compensated for their losses. But navigating the complicated legal system alone can take an emotional, physical, and financial toll. Luckily DoNotPay can help sue gun manufacturers in small claims courts across the country.
Reasons to Sue Gun Manufacturers
In addition to the historic decision in the Sandy Hook case, a handful of additional cases have been filed and allowed to proceed. Gun manufacturers can be sued for a variety of reasons including (but not limited to), negligence, illegal purchase of a firearm, and damages from design defects in guns.
Here are a few real world cases:
| Negligence | In 2016, a 13-year old child was shot and killed by another 13 year old by accident when the two boys were playing with a semi-automatic pistol that they believed to be unloaded. Although the ammunition magazine had been removed, a bullet remained in the chamber and was unintentionally deployed.
The parents of the victim sued Springfield Armory Inc. in 2018 by claiming negligence. They argued that the manufacturer had not provided adequate warnings or safety features to prevent the weapon from firing when the ammunition had been removed. |
| Illegal or Irresponsible Sales and Marketing | In June of 2021, Lawmakers in New York State passed legislation that specifically classified unlawful or irresponsible sales and marketing activities from gun manufacturers and distributors a nuisance. This technical classification circumvents the restrictions of the PLCAA and exposes the gun industry to civil liability. Many other states are expected to follow suit. |
| Defects in Design and Product Liability | Defective firearms lawsuits are also particularly common lawsuits that are not hindered by PLCAA restrictions. In these cases, a flaw in the design and manufacturing of the firearm resulted in unintentional harm to the operator of the gun. Common defects include trigger malfunction, barrel failure, and incomplete discharges. |
Sue Gun Manufacturers by Yourself
It is absolutely critical for gun manufacturers to be held accountable. Civil liability plays a critical role in injury prevention across all industries. Gun manufacturers should not be an exception.
Although it is always best to consult a professional, you can sue a gun manufacturer by yourself. Here is a general overview of the process required to bring your case to small claims court:
- Use DoNotPay to create and serve a demand letter.
- Submit a formal complaint that provides the details surrounding the gun manufacturer and the claim. Make sure to list the specific terms that the company should be held responsible for.
- Pay any filing fees associated with the process. This can vary from place to place.
Dangers/Issues With Suing Gun Manufacturers by Yourself
The PLCAA provides unprecedented protection to gun manufacturers against civil liability. Additionally, it is a multi-billion dollar industry with fierce advocates (including National Rifle Association) that will use every resource available to squash civil cases.
DoNotPay is here to help you sue gun manufacturers by yourself. There's no reason to fight alone.
How to Sue Gun Manufacturers With DoNotPay
Utilizing our digital service gives you a much stronger chance of succeeding than filing a lawsuit against gun manufacturers by yourself. DoNotPay's robot lawyer blends the convenience of submitting paperwork whenever/wherever with the reassurance of knowing the information you submit will be tailored to your needs.
- Log into your DoNotPay account and select Sue Now
- Enter the dollar amount you are owed
- Select whether you prefer a demand letter or court filing forms
- Describe the reason for the lawsuit and submit any applicable details that support your argument, including photo proof
That's it! DoNotPay will then generate a demand letter or court filing forms for you. We'll even mail a copy of your demand letter to the individual or business you are suing!
Use DoNotPay for Every Legal Need
Gun manufacturers are not the only bullies that you can take on with DoNotPay. Check out our resources on how to sue large companies and get the justice (and the payout) you deserve.