Close X
Friday, November 15, 2024
ADVT 
National

Victims Of Danforth Shooting File Class-Action Lawsuit Against US Gunmaker Smith & Wesson

Darpan News Desk, 17 Dec, 2019 07:11 PM
  • Victims Of Danforth Shooting File Class-Action Lawsuit Against US Gunmaker Smith & Wesson

TORONTO - Victims of a mass shooting in Toronto have filed a class-action lawsuit against U.S. gunmaker Smith & Wesson, alleging the company was negligent for failing to include "smart gun" techology in the handgun that was used in the attack.

 

A statement of claim filed in Ontario Superior Court on behalf of several victims of the shooting on Toronto's Danforth Ave. in July 2018 alleges Smith & Wesson was aware the semi-automatic pistol, which was previously reported stolen from a Saskatchewan dealer, was "ultra hazardous."

 

It alleges the company was aware guns without systems to prohibit their use by people other than their authorized owners posed a likelihood of harm to the public because it made an agreement with the US government in 2000 to incorporate the technology into new gun designs, but then introduced the type of gun used in the attack in 2005.

 

The statement of claim contains allegations which have not yet been tested in court.

 

Smith & Wesson did not immediately respond when asked for comment by The Canadian Press.

 

The shooting in July 2018 left two dead and 13 injured. The shooter killed himself.

 

"It was reasonably foreseeable that the Defendant's handgun products, like the handgun used in the Danforth Shooting, would in the hands of unauthorized users cause substantial harm to, or kill, innocent third parties," the statement of claim says.

 

"Statistics published by Canadian and United States authorities show a high rate of illegal handgun diversion and use of illegally diverted handguns to harm innocent third parties like Class members."

 

The statement notes that while U.S. Congress passed legislation in 2005 that shields gun manufacturers and sellers from litigation resulting from unlawful or unauthorized misuse of a firearm, it says Canada has no such laws.

 

It says it will ask the court to certify three classes for the action: those shot and injured, or killed; other injured; and family members.

 

The claim seeks $50 million in general damages and $100 million in punitive damages.

 

MORE National ARTICLES

Vancouver's Empty Homes Tax Increasing By 25%

The City of Vancouver will be raising its empty homes tax by 25 per cent for each of the next three years in an effort to tackle a crisis in the lack of long-term rental housing.    

Vancouver's Empty Homes Tax Increasing By 25%

Numerous Fatalities' After Small Plane Crash In Kingston, Ont., Police Say

KINGSTON, Ont. - Police in Kingston, Ont., say there are "numerous fatalities" after a small plane crashed in a wooded area within the city limits.    

Numerous Fatalities' After Small Plane Crash In Kingston, Ont., Police Say

Abbotsford: Woman Struck By Pick-Up Truck On Clearbrook Road Dies

At 5:07 am this morning, Abbotsford Emergency Services responded to a collision at the intersection of Clearbrook Road and Peardonville Road.

Abbotsford: Woman Struck By Pick-Up Truck On Clearbrook Road Dies

Prabhleen Matharu Murder: Family Of 21-Yr-Old Jalandhar Girl Killed In Surrey Still Clueless On Why She Was Shot Dead

Gurdial Singh Matharu, the father of Prabhleen Kaur Matharu, 21, from Jalandhar who was shot dead in Surrey where she was working after studying management, is clueless on why she was targeted and is headed to see her body one last time.

Prabhleen Matharu Murder: Family Of 21-Yr-Old Jalandhar Girl Killed In Surrey Still Clueless On Why She Was Shot Dead

B.C.’s Q2 Numbers Show Horgan Can’t Meet Election Promises Without Raising Taxes: BC Liberals

MLAs Shirley Bond and Stephanie Cadieux, BC Liberal Finance Co-Critics, are sounding the alarm after today’s second quarterly results show John Horgan’s NDP government has zero hope of paying for their billions

B.C.’s Q2 Numbers Show Horgan Can’t Meet Election Promises Without Raising Taxes: BC Liberals

NDP Misleading Public On Child Care Progress: Laurie Throness

“John Horgan and the NDP have been patting themselves on the back for announcing thousands of new child care spaces, but less than a tenth of the promised 24,000 are actually operational today

NDP Misleading Public On Child Care Progress: Laurie Throness