Smith & Wesson was hit by a class-action lawsuit by victims of a mass shooting in Toronto last year. The suit charges the gun maker was negligent for not incorporating “smart gun” technology for the firearm used in the attack.
The proposed class action is seeking C$150 million (U.S.$114 million) in damages.
On the evening of 22 July 2018, Faisal Hussain opened fire on the city’s bustling Danforth Avenue, killing two people and injuring 13 others. He killed himself following a shootout with police. The weapon used in the attack – an M&P40 semi-automatic pistol – had been stolen from a gun dealer in the province of Saskatchewan.
The statement of claim filed at the Ontario Superior Court on Monday states Smith & Wesson had agreed to incorporate smart gun technology into its new weapons in 2003, and was aware that thousands of handguns are stolen each year. The 40 series, introduced in 2005, did not include that technology
“[The] defendant knew the handgun was an ultra-hazardous product that posed a substantial likelihood of harm to the public,” says the statement of claim
“In the circumstances, [the] defendant owed a duty to the Class to ensure that any handguns it made available to the Canadian market were designed and manufactured to implement technology that would prevent unauthorised users from causing the very type of harm and injury suffered by the Class members.”
A judge must still decide whether the suit should proceed as a class action. None of the claims has been tested in court.
The court filing also notes that the US Congress passed legislation in 2005 that grants broad immunity to gunmakers from civil actions resulting from the misuse of their products – but Canada has no such laws.
The lead plaintiffs in the case are Skye McLeod and Samantha Price, recent high-school graduates and friends who were celebrating a birthday when Hussain opened fire. As pedestrians ran for cover, Price was hit in the leg and her friend, 18-year-old Reese Fallon, was shot dead.
Smith & Wesson, which is based in Springfield, Massachusetts, has yet to comment publicly.
Last year, guns designed by Smith & Wesson were also used in at least two other mass shootings in the U.S., including the attack at YouTube’s headquarters in San Bruno, Calif. in April.
The 2005 Protection of Lawful Commerce in Arms Act (PLCAA) gives gun makers and dealers sweeping legal protections from lawsuits
Despite the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) that gave gun makers and dealers sweeping legal protections from lawsuits, the US Supreme Court in mid-November declined to hear an appeal on a lawsuit against Remington Arms Co, effectively allowing the families of victims of the 2012 Sandy Hook Elementary School shooting in Newtown, CT, to sue Remington. The Remington lawsuit is set to go to trial in September 2021.
