Mass shootings are terrible tragedies that, unfortunately, continue to be a growing problem in the United States. The effects of a mass shooting often go beyond the death and injuries that result from the attack, with victims finding it difficult to recover compensation for their damages. If you or a loved one were victims in a mass shooting, you need to know who may be liable.
At Claggett, Sykes & Garza, we will do everything in our power to ensure you recover the money you need and deserve after a mass shooting. Our team of experienced Glastonbury wrongful death lawyers will give you the best chances of securing compensation. Contact us today by phone or through our website to schedule a free consultation.
Holding the Shooter Liable for Damages
Unfortunately, holding any party other than the shooter liable in a mass shooting case is often very challenging. While it is easy to prove the liability of the killer, their financial means are rarely significant enough to cover even a small portion of the damages their actions caused.
In many mass shooting cases, the shooter ends up dead, meaning that any compensation cases will be made against their estate.
In these cases, recovering damages from the shooter or their estate tends to be pretty straightforward. However, since the amount you will receive will likely only account for a small fraction of your damages, you will need to seek further compensation from another party.
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Holding The Property Owner or Occupant Liable for Damages
To recover the full value of the losses incurred in a mass shooting incident, victims must typically pursue additional compensation beyond what they can potentially recover from the shooter or their estate. Unfortunately, this can be very challenging.
Historically, victims have had trouble bringing legal action against the property owner or occupant of the property where the crime occurred. However, the odds of recovering damages in this manner have improved. In the past, with the rarity of mass shootings, the courts ruled that it was not possible to anticipate this type of attack and protect against it reasonably.
However, with the rising frequency of this type of attack, the courts are beginning to look a bit differently at these cases. While recovering damages from a property owner in a mass shooting case will still be challenging, an experienced attorney can help give you a chance to hold the property owner responsible.
Holding the Gun Industry Liable for Your Damages
Unfortunately, attempting to hold anyone involved in the manufacture or sale of the weapons used in your case liable for your damages is even more challenging. In 2005, Congress enacted the Protection of Lawful Commerce in Arms Act (PLCAA), which provides immunity to gun manufacturers and sellers in cases where these weapons are used to commit a crime.
While exceptions exist, it can be challenging to prove that a manufacturer was in violation. Your lawyer can attempt to prove that the weapons were marketed by the manufacturer in an unlawful manner or that the gun seller did not follow proper procedure to ensure a lawful sale.
However, a vast array of different state laws that do not align with federal standards can also come into play in these cases. Navigating through these complicated, contradicting laws can prove challenging. Having an experienced attorney by your side can prove critical.
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Holding a Content Provider Liable for Your Damages
Victims of mass shootings have also attempted to hold content providers liable for mass shootings in the past. Makers of violent movies and video games have faced wrongful death lawsuits claiming that the content they produced was a prominent factor in spurring the real-life violence of the shooter.
However, the courts have not responded favorably to these claims, ruling that any contribution from content providers is negligible compared to the fault of the shooter.
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Holding a Social Media Platform Liable for Your Damages
Another target of lawsuits after mass shootings has been social media platforms. Once again, holding these companies accountable for actions committed by their users is challenging, and courts have generally ruled against finding these companies liable as they feel it is a slippery slope.
However, there is the potential that these companies could be held at fault in certain situations. When these companies allow hate groups to operate on their platform or permit speech inciting people to violence, there is the potential that a court could hold them at fault for violent acts being committed in direct connection with the messages spread through their platforms.
After losing a loved one in a shooting, an experienced Glastonbury wrongful death lawyer can help build a claim if a social media company does not properly deal with violent messages posted on its platform. However, it is going to be an uphill battle to win a case against one of these companies.
Establishing Liability Beyond the Shooter Can Be Incredibly Challenging
Attempting to prove that a third party is liable for your damages in a mass shooting case is never easy. However, there are avenues to pursue. If you were injured in a shooting or a loved one was killed, you need to secure experienced legal representation. At Claggett, Sykes & Garza, we are never afraid to take a case to court to ensure our clients recover the money they need.
Contact us today by phone or through our website to schedule a free case evaluation with a member of our legal team. We will answer all your questions and advise you of your legal options.
