A Canadian judge has ruled that families of victims of a crime in which the murderer happened to use a Smith & Wesson firearm may proceed with a class action suit against the manufacturer. Because the weapon didn't have "smart gun" technology that would have prevented the murder.
From the beginning of the WSJ story:
More death-by-a-thousand-legal-expense-cuts. I wonder if any agencies or military units in Canada use S&W products? They're all armed with something. They should chime in and mention to the court that if S&W loses this fight, no sane manufacturer will ever sell to the Mounties or the Royal Canadian Fighting Military Guys or anyone else in the country, ever again. Because why on earth would they.
Expect the ongoing fight over this same topic in the US to get only worse as this plays out.
From the beginning of the WSJ story:
TORONTO—A Canadian court ruled Friday that victims of a 2018 shooting in Toronto have a viable legal claim of negligence against gun maker Smith & Wesson Corp. for failing provide safeguards on the gun used by the shooter.
Judge Paul Perell of the Superior Court of Ontario said in the ruling that a stolen Smith & Wesson handgun used by the shooter didn’t include available smart gun technology that restricts use to authorized individuals. Such a lapse, he said, is sufficient grounds for the families to proceed with their class action.
Canadian law requires judges to certify that class actions have a reasonable chance of success before they can proceed. The ruling clears the way for the case to continue.
“The immediate case may demonstrate that there came a time when it was careless for Smith & Wesson not to utilize invented authorized user technology, of which there were many types, some of which Smith & Wesson invented and patented,” Judge Perell said in his decision.
Judge Paul Perell of the Superior Court of Ontario said in the ruling that a stolen Smith & Wesson handgun used by the shooter didn’t include available smart gun technology that restricts use to authorized individuals. Such a lapse, he said, is sufficient grounds for the families to proceed with their class action.
Canadian law requires judges to certify that class actions have a reasonable chance of success before they can proceed. The ruling clears the way for the case to continue.
“The immediate case may demonstrate that there came a time when it was careless for Smith & Wesson not to utilize invented authorized user technology, of which there were many types, some of which Smith & Wesson invented and patented,” Judge Perell said in his decision.
More death-by-a-thousand-legal-expense-cuts. I wonder if any agencies or military units in Canada use S&W products? They're all armed with something. They should chime in and mention to the court that if S&W loses this fight, no sane manufacturer will ever sell to the Mounties or the Royal Canadian Fighting Military Guys or anyone else in the country, ever again. Because why on earth would they.
Expect the ongoing fight over this same topic in the US to get only worse as this plays out.
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