After individuals are injured by another person’s negligent behavior, the victim often reaches the logical conclusion that the party that caused the injury should be held accountable. However, many times plaintiffs in these cases do not comprehend the reach of liability, as well as the fact that there may be additional parties responsible for the actual injury. In a negligence analysis, even a party that did not actually physically cause the injury may be considered to be proximately responsible for the accident and held liable accordingly.
This reach of liability sometimes occurs in cases in which a person who is injured by a truck driver sues the trucking company for their negligence in failing to hire or train the employee. It may also occur when an individual is hurt because of a defect in a product, and the injured plaintiff sues the manufacturer or distributor of the faulty product. In these cases, plaintiffs must prove each of the necessary prongs of a negligence lawsuit for each named defendant.
One interesting area of the law that is still developing is third-party liability for the sellers of dangerous weapons and ammunition. Sadly, individuals are injured by gun violence with some regularity. As a result, the surviving loved ones want justice and occasionally attempt to bring a case against the seller of the gun or ammunition.
In 2005, after significant lobbying, Congress enacted The Protection of Lawful Commerce in Arms Act, which protects the gun industry even if they sell guns that are exceptionally dangerous. However, even with this law, there have been a handful of lawsuits that have been successfully heard. It is important that victims realize that the laws surrounding liability are not always clear, and it is useful to have an attorney assist them in their cases.
Families of Shooting Victims Sue Store For Selling Bullets
Walmart Stores has been sued in a lawsuit in Pennsylvania after families of shooting victims brought a negligence suit against them. According to one news source covering the case, the suit alleges that Walmart was negligent when the store sold bullets to an intoxicated underage customer. That individual tragically went on to kill three people with the ammo he purchased.
The families are seeking compensatory and punitive damages from the big-box retailer. The families contend that Walmart was negligent in not asking the underage individual to show identification or ensure that he was not intoxicated at the time of the sale. The store was likely hoping that they would be protected by the Act discussed above, but in recent years other stores have been found liable in situations similar to this one. The court began hearing motions on January 11.
Have You Been Injured Because of the Negligence of Another?
If you or a loved one has been injured because of the negligence of another individual or company, you should seek representation from Miller Legal Services. Personal injury victims in these situations are not often in a position to adequately understand the intricacies of the law and who is actually responsible. An attorney at Miller Legal Services can assist you in your case and help you seek the monetary compensation you deserve. Contact an attorney at Miller Legal Services today at (770) 284-3727 to schedule your free initial consultation.
See Related Blog Posts:
Causal Link Necessary in Georgia Premises Liability Claims, Marietta Personal Injury Lawyer Blog, December 8, 2015.
Court Dismisses Case Against Driver Based on Plaintiff’s Failure to Show Negligence, Marietta Personal Injury Lawyer Blog, January 6, 2016.