When one in Austin thinks of a product liability case, he or she might automatically assume that it must involve a product whose defect contributed to a user being harmed. One certainly might not think that having its products perform their intended functions would open up a company to liability. Yet what about cases where an unintended consequence of a products use resulted in injuries to others?
Such is the basis for separate claims filed against the manufacturer of the bump-stock used by the man who recently perpetrated the horrific mass shooting at a music festival in Nevada. Three of the festival’s attendees have already come together to file a class-action lawsuit against the company, whose products allowed the shooter to modify the weapons used in the attack to produce automatic fire. A separate lawsuit filed by a woman injured in the shooting also levels a product liability claim at the manufacturer.
The woman’s lawsuit also includes claims of negligence made against the hotel from where the assailant fired on the crowd. It claims the hotel was negligent in not responding to the shooting of a security officer minutes before the shooter began firing on concert goers. It also questions the hotel’s security protocols, citing how the man was able to transport several weapons to his room and even set up his own surveillance system without detection. The hotel’s ownership group, the event organizers, and the shooter’s estate are also named as defendants in the lawsuit.
Manufacturers may not be expected to answer for how a consumer uses their products. At the same time, if such products appear to be unreasonably dangerous, one might understand why those harmed by it would seek action. Those seeking such action may wish to enlist the services of an attorney when doing so.
Source: Courthouse News Service “Survivor of Las Vegas Shooting Sues Mandalay Bay, Live Nation” Debenedicts, Don, Oct. 12, 2017