2016 Postmortem
Related: About this forumAbout that politifact fact check of Hillary's statement about
her statement "the gun industry is the only industry protected from any kind of liability". They ruled it false on two grounds, one the protection from liability isn't complete and two they aren't the only industry with their protection. On the first, I concede that the words due to negligence should have been added at the end. They are still able to be held liable for criminal activity but that really is pretty much it. But on the second part, they are full of it. First the source they used is quite literally unbelievable. They used a senior fellow from the CATO institute who favors that no one ever be able to sue any corporation for anything. He has literally written books in just that. Now as to the other examples that even he was able to come up with.
One was pharmaciutical companies in terms of vaccines, another was small plane manufacturers, and the third was internet platforms that host content. The vaccine law transferred the the liability for vaccines which will harm a small number of people even if everything is done right to the government. The industry got a much broader reading of the law to immunize them from not using the safest vaccine possible from the SCOTUS in 2011. The small plane bill specifically stated that the companies were liable for damages caused to those who hadn't been flying or a passenger in their planes (the analogous situation to people shot by guns). The internet companies had a specific duty put upon them in return for that removal of liability. They had to remove any copywritten material or obscene material the moment it was pointed out to them and had to keep it down unless the poster could prove it wasn't copy written or obscene. The gun manufacturers got their immunity without any duties being put upon them and without any qualification. In short, Politifact compared apples and oranges here and used a right wing source with an ax to grind.
orpupilofnature57
(15,472 posts)The other Gun industry, the MIC not only gets a pass on liability, it has the resources, agents, and usurped authority to ruin the world, selective concern at best .
dsc
(52,166 posts)instead of posting irrelvant crap.
orpupilofnature57
(15,472 posts)stevenleser
(32,886 posts)Duckhunter935
(16,974 posts)Also have those protections.
There are 6 exceptions to the gun manufacturers protection not just that one.
dsc
(52,166 posts)I read the text of the bill, and it says, in clear, unambigous terms, that the only people who can't sue are those who either own the plane, fly the plane, or are passengers on the plane. If a small plane falls from the sky and destroys your house you can sue.
Duckhunter935
(16,974 posts)Duckhunter935
(16,974 posts)(1) an action brought against someone convicted of knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence by someone directly harmed by such unlawful conduct;
(2) an action brought against a seller for negligent entrustment or negligence per se;
(3) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought;3
(4) an action for breach of contract or warranty in connection with the purchase of the product;
(5) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
(6) an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.4
http://smartgunlaws.org/gun-industry-immunity-policy-summary/
dsc
(52,166 posts)manufacturers can only be sued for either defects (though there was a rather large loophole given to them there too) which was never at issue in the fact check or for criminal acts (that would be exception 3). Only sellers can be sued for negligence. The fact is politifact is dead wrong when they say other industries were given the same deal gun manufacturers got. Heck, even Bernie agrees now.
Android3.14
(5,402 posts)If she lied, she lied (or evolved).
So many have no idea why they are supporting Hillary.
dsc
(52,166 posts)I was specific you be too, or can't you.