As much as our hearts go out to the parents of two students who were shot and killed in the Feb. 14 school shooting at Marjory Stoneman Douglas High School in Parkland, Fla., we just don’t see this lawsuit going well for them:
— South Florida Sun Sentinel (@SunSentinel) May 23, 2018
The Sun-Sentinel reports that the parents of Jaime Guttenberg and Alex Schachter and their attorneys will be holding a press conference Thursday in Miami to discuss the lawsuit:
The parents of Jaime Guttenberg and Alex Schachter want a judge to clear the way for them to claim damages against American Outdoor Brands, formerly known as Smith & Wesson, and Sunrise Tactical Supply. The Coral Springs store is where Cruz purchased the AR-15-style weapon used in the Feb. 14 shooting spree.
Fred and Jennifer Guttenberg, and Max Schachter “seek to hold defendants legally responsible for their complicity in the entirely foreseeable, deadly use of the assault-style weapons that they place on the market,” according to the lawsuit, filed in Broward Circuit Court.
“Entirely forseeable?” There were plenty of red flags, all right, but none of them were known to the shop that sold the rifle legally.
Before the lawsuit can proceed, however, “judges have to clarify that gun manufacturers and sellers can be sued by victims.” That seems unlikely both under Florida state law and the federal Protection of Lawful Commerce in Arms Act.
Last night, my attorney filed a lawsuit against the manufacturer and retailer of the weapon used to kill Jaime. Leaving now for my attorney's office to hold the press conference. Bottom line, we need to hold people accountable for this gun violence.https://t.co/91g1PttF4X
— Fred Guttenberg (@fred_guttenberg) May 24, 2018
— Alyssa Milano (@Alyssa_Milano) May 24, 2018
Again, it’s tough to criticize a parent who lost a child to gun violence, but it’s unlikely this suit will go anywhere.
I’m sorry, but this argument is ridiculous. It is not the fault of a company for its user’s actions. That is absurd. https://t.co/y9uIPaybwC
— Carson (@ShahshinaCS) May 24, 2018
Your lawyer is stealing your money https://t.co/uEdP7EWHAz
— Kevin Dewey (@KevinDewey70) May 24, 2018
I hope your attorney was free because this is possibly the dumbest lawsuit ever filed and an obvious cash grab https://t.co/MBCDAzj7d5
— Matthew (@Mokalossh) May 24, 2018
Money grab. Weapons don’t kill people without someone who pulls the trigger https://t.co/oT9OHdrjJh
— BDuBB FSUcks (@bwintz122) May 24, 2018
He didn't mention PLCAA? The federal law that says the manufacturer cannot be held liable? https://t.co/rsfQZL6CeV
— Chance Key (@CKey117) May 24, 2018
Suing the manufacturer is a waste of time and resources https://t.co/uSVmvWO3jU
— Shawn Don (@Bvndos) May 24, 2018
Parkland families are going to waste a lot of time and a lot of money https://t.co/7O9m60m6Mn
— Mujahed Kobbe (@Moj_kobe) May 24, 2018
Someone should tell them that’s been tried before and there’s precedent.
Or they could waste their money and everyone’s time. https://t.co/nWz5XdkB6c
— m/ (Ο﹏Ο) m/ (@CargoShortLife) May 24, 2018
“Holding people accountable” means filing lawsuits against people who legally made and sold a product to sustain a livelihood? We need an answer to gun violence but this I can assure is not it. https://t.co/Oj9uIEUZfF
— Anthony Russo (@Anthony_Russo97) May 24, 2018
Sorry, but you really don't have a case in court. Selling and manufacturing guns is entirely legal. No laws are being broken here. Whether or not you think it should be legal, that facts are that it is, and suing isn't gonna change anything https://t.co/i3q0hykga4
— Tommy (@Tenaya7FanAcc) May 24, 2018
What happened to the shooting victims is awful. My prayers r w/ them all. But this is beyond unconstitutional. If they followed legal protocol at the time the gun was sold, then they’ve done their due diligence. This sets a dangerous precedent 4 frivolous suits in the future. https://t.co/6FhggVgz1W
— Ginger Snow (@gsnow0896) May 24, 2018
Suing a gun maker is like suing a car maker over a drunk driving accident.
The maker had zero influence over the actions of the people involved.
Stop blaming companies and start blaming people. https://t.co/MpoCWkVd94
— Twiggy (@GasPoweredTwig) May 24, 2018
I agree we totally need to hold PEOPLE accountable for gun violence. Let’s start with the people responsible for COMMITTING THE ACTS OF VIOLENCE. https://t.co/7fiYbQ3xl8
— Laura Nash (@lewna10) May 24, 2018
You need to hold the people accountable that pulled the trigger.. not the law abiding citizens that manufacture guns. people have to stop pointing fingers to benefit your agenda. https://t.co/a8ML1PUMpI
— SY (@SYSY710) May 24, 2018
The person who is accountable is the person who pulled the trigger https://t.co/peFCl4LIhK
— Jacob Palenchar (@jacob_palenchar) May 24, 2018
So are we gonna sue the car company who manufactured the van that the terrorist used to kill 10 people in Toronto? Or are we just cherry picking our battles for political points? https://t.co/pW3BtmUw7C
— Sterling (@SterlingDunn) May 24, 2018
How is it the retailers fault in this situation? They were selling the gun legally and had no idea what the kid would do with it. This is such a far reach. https://t.co/DQlyqKHB0I
— bri (@Brianna_Paige95) May 24, 2018
Why don't they hold the FBI accountable for having TWO warnings about the shooter months before the shooting? And also Sheriff Israel for ordering his men to not enter the school during the shooting? https://t.co/g7KqChtXUP
— Sensei (@NicholasHerraiz) May 24, 2018
They probably would have a stronger case against the Broward County Sheriff's Office https://t.co/EkiIq56qEs
— Kevin McMahon (@KevinMcMahonYAF) May 24, 2018
After school shooting, Mother Jones reminds readers why frivolous lawsuits are a bad idea https://t.co/WDGdPM7qE8
— Twitchy Team (@TwitchyTeam) February 17, 2018