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In reply to the discussion: Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster [View all]branford
(4,462 posts)in the event of a crash, terrorist attack, accident and similar circumstances. It's a detailed and complex area of practice. Additionally, it's not uncommon for companies, or really their insurers, to settle cases even when they do not believe they are at fault, simply because the costs of litigation are so immense, particularly in airline related mishaps. It's an unfortunate reality that I deal I'm regularly forced to confront with my own clients.
In fact, prior to the PLCAA, it was the express strategy of many groups and municipalities of forcing firearm manufacturers to engage in costly legal battles, even if the claims were wholly frivolous, often hoping that sympathetic juries wouldn't care about the actual law. Firearms manufacturers, many of whom are relatively small companies, were forced to expend significant resources for usually successful appeals in these instances. These types of cases are called SLAPP lawsuits, and are a a problem in areas besides guns.
Arguing that some companies resolve claims when they are not liable is not a convincing argument against the PLCAA. Rather, it counsels for more legislation against SLAPP lawsuits and related claims applied to other industries. Vaccine manufacturers, fast food restaurants and some other areas are already protected is some manner in certain local and state jurisdictions.