Reply #221: Once again, you CAN sue chainsaw companies for deforestation

[jgraz]

And you can sue oil companies for global warming. You may not win that suit, but you have a right to bring it and have it heard by the courts. And if your suit is determined to be frivolous, you'll likely get stuck with court costs.

The ONLY industry that is immune from such lawsuits is the gun industry. Of course, we all know that so-called tort "reform" is never about preventing frivolous lawsuits. It's *always* about preventing valid lawsuits from ever getting in front of a jury.

And, btw, the civil courts have historically been used quite well to set social policy. Ford didn't stop making cars that blew up because of government legislation, they did it because of massive civil judgments. The same goes for tobacco companies and their intentional marketing to children. Often, a civil suit is the only way to bring such corporate malfeasance to light.

What the gun manufacturers are scared to death of is not a judgment per se, but the discovery phase of any negligence suit. They've been overproducing for decades with full knowledge that the legitimate firearms market is at or near saturation. In the late 90's, they started losing lawsuits when this evidence began to come out. This prompted their lobbying initiative to overturn parts of the Fifth and Seventh Amendments.

Happily, some courts still respect the Constitution, which is why the Indiana Supreme Court decided this January to let stand Gary, Indiana's lawsuit against the gunmakers' knowing overproduction for black market sales.