Mass Shootings and Mass Torts: New Directions in Gun Manufacturer Liability

Abstract

Mass shootings are a particularly gutting form of American gun violence. The statistics are staggering to the point of numbing, with the issue’s intensity and timeliness enforced day after day, round after round. Gun manufacturers occupy a vital role in the chain of events ending with mass shooting headlines, yet they face little liability for their involvement because of a 2005 protective federal statute. This Note argues that there may be opportunity for change. Specifically, this Note offers evidence that once strong statutory protections may be weakening and presents strategies for creating previously unimaginable mass tort claims against gun manufacturers.