Sandy Hook Memorial

The parents of some children killed in the 2012 Newtown school shooting have filed court documents indicating they plan to file wrongful death lawsuits. It’s not clear yet, however, who they intend to sue. According to The Connecticut Law Tribune:

Parents of half the 20 first-graders shot to death at Sandy Hook Elementary School have filed papers in probate court seeking to create estates for their children, a move that would allow them to file lawsuits. Most of those parents checked a box on the forms saying they intend to file wrongful death actions, according to a probate court clerk.

Word of the lawsuit comes on the same day that the U.S. Court of Appeals for the Second Circuit is hearing oral arguments in a lawsuit challenging gun control laws the Connecticut legislature approved after the Sandy Hook Elementary School shootings. Those laws expanded the list of the state’s banned assault weapons, restricted ownership of high-capacity ammunition magazines and imposed a host of new registration requirements on gun owners.

The law community is speculating this could be the opening to a lawsuit against the gun manufacturer, Bushmaster, which makes the AR-15 that Adam Lanza used in his shooting sprees. However,  lawyers say that the Protection of Lawful Commerce In Arms Act prevents most people from receiving compensation for their firearm-related injuries and also broadly limits public health claims regarding gun manufacturers. Signed into law by President George W. Bush, the Act broadly shields manufacturers and gun sellers from liabilities that arise from “unlawful” use of their products, which has been broadly interpreted by courts over the years.

The probate court filings involve 10 children killed in the massacre: Charlotte Bacon, Daniel Barden, Dylan Hockley, Jesse Lewis, Ana Marquez-Greene, Grace McDonnell, Jack Pinto, Jessica Rekos, Avielle Richman and Benjamin Wheeler.
Speculations regarding the lawsuit come on the  heels of oral arugments in a lawsuit challenging gun control laws in the U.S. Court of Appeals for the Second Circuit. Gun advocates are challenging laws the Connecticut legislature approved after the Sandy Hook Elementary School shootings. The new laws expanded the list of the state’s banned assault weapons. They also restricted ownership of high-capacity ammunition magazines and imposed  new registration requirements on gun owners.

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  • Ratcraft

    Were gunna sue someone, somebody needs to make me rich off my kids murder. How about sue the safe maker, safes should reach out and take guns from little mushroomheaded bass tards.. Sue the tennis shoe company that made his shoes to get to the school. He drove a car there didn’t he? Sue them as well. Sue the ammo maker and of course sue the government for the 2nd amendment.

    • Imagine if your 5 year old child, and all of her friends and all of your neighbor’s 5 year old kids were murdered. Basically every little 5 year old kid you knew was murdered

      Imagine if gun nuts said you were greedy for wanting somebody held accountable for that.
      A village worth of children was slaughtered wholesale, and you attack the family, at Christmas, on the 2 year anniversary of their worst nightmare.

      There’s something wrong with your vicious hate of the families for wanting justice. That’s like an entire church room of kids was killed.

      And you think it’s greedy for the families to fight for change. You compare the tool usedto murder the kids to a tennis shoe.

      As if the children deserved to be killed becauee they walked to school

      There’s seemthing wrong with you Ratcraft. Something cold hearted and sick.

      Not even a second of thinking how those people felt and will continue to feel.No empathy at all.

      Sad

      • Ratcraft

        No no no, sue the tennis shoe maker who made the shoes for the killer, he may not have left the house if he had no shoes. Maybe you could donate money to them. How would a pocket full of extortion money make it any better. My kid being killed has nothing to do with it, to even say that is sick. If my kid was killed by a drunk driver can I sue Budweiser? How about Ford? Maybe sue the state for building a road? It is completely asinine to find blame for this on anything other than the murderer and his mother. His absent father bares some responsibility as well, but how would suing him change anything? It wouldn’t. There is nothing cold hearted about me at all. I can completely empathize with those parents. Money grubbing attorneys dancing in the blood? No, I have no use for them. 2 years, it’s taken 2 years to try and find someone to sue. Why not sue me because I own a gun. It is just as misguided. It’s as if they are pizzed off there is no one alive to sue. You can disagree but how can you not see my point? Having a different view doesn’t make me a monster.

        • Pavlov

          Hypatia, I think you have wrong ideas here. No one is saying those poor children deserved to die. The person who killed them is dead, though. There is no way to gain justice now or perhaps some would look at that as justice. The gun manufacturer isn’t liable for what some nutjob does with the gun he buys.

          • Versinel

            That is kind of what I was thinking. Are they going to sue the family of the person who did this? Are you going to hold someone accountable that may have never seen this person in years? How does that work?

        • razzytaz

          I agree with you and I totally understand what you are trying to say. I don’t think it is right to sue the gun maker. Seriously, they were not the ones that went in and opened fire on those kids.
          Great point about suing the beer company if someone dies from a DUI car accident.

          • Ratcraft

            It’s just like “background checks” to buy guns. Why don’t we have breathalyzers in every car? Seriously, more people die from drunk drivers than guns. Those stats never make the news.

          • cacodoxy

            A person is needed to make a gun work, either by their own hands or by a
            rig setup made by a human. Stop trying to go after a company for making
            a legit product and start putting the blame where it belongs. Ugh, this
            kind of stuff really gets to me.

  • SelenaJ25

    I was devastated when I heard about this tragedy. This one hit really close to home for me since at the time I had two six-year-old children in public school only a state away. It’s scary to think that something like this could happen at any time. I can’t imagine what these parent are going through and even though I am sure nothing will come out of this lawsuit, I don’t blame them for trying. Something needs to change. Guns like this one should never be allowed to be manufactured. There is no need for something this powerful.

    • razzytaz

      Guns of this nature do need to be made. I think they need to made for military purposes only. Is it the fault of the gun manufactures that some crazy teen went in and shot up a school? I feel for these parents too. I can’t imagine what they went through and what they are still going through, but I can’t blame the gun manufactures.