The Squirrels Are Watching

Gun Manufacturer Liability

Posted in Fact and Law by andrewfong on October 29, 2009

In Torts yesterday, we started on strict products liability. At some point, we touched on the liability of gun manufacturers for the costs of crimes committed with guns. This naturally started up a shitstorm.

First, let’s assume that there is in fact a legitimate public interest in ordinary citizens being able to buy a gun (if there weren’t, then we would be discussing banning guns period, not strict products liability). Given that legitimate interest, my initial reaction was that holding gun manufacturers liable for gun crimes would be horribly unfair. It’d be the equivalent of holdng auto-manufacturers liable for hit and runs. After talking to my modmate Sam though, I think, from an economic efficiency and loss distribution perspective at least, it’s an interesting proposition.

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