Kansas Supreme Court Affirms Dismissal Of Gun Liability Lawsuit

It’s hard to sue a gun manufacturer unless the gun itself is somehow defective. Such lawsuits have been filed against Sig Sauer and other notable gun manufacturers. Companies that produce guns are generally immune from lawsuits involving incompetent or malicious users. For example, many plaintiffs have tried to file product liability lawsuits following mass shootings. Such lawsuits have (mostly) been thrown out of court.

Now, a recent case coming out of Kansas supports the belief that gun manufacturers are largely immune to tort lawsuits after the Kansas Supreme Court agreed with a district court decision that tossed a lawsuit filed by a former Emporia State University football player who was shot by a teammate. According to the lawsuit, the teammate erroneously believed he had to pull the trigger to disassemble the newly purchased gun.

What happened? 

In 2018, the shooter bought a Beretta APX 9mm handgun at Bass Pro Outdoor World in Olathe. He and the plaintiff were in the shooter’s Dodge Charger at a stoplight when the shooter decided to show his passenger, the plaintiff, that he knew how to take the gun apart. According to court records, the shooter was convinced the gun wouldn’t fire with the magazine removed and that he had to pull the trigger before disassembling the weapon. Unfortunately, neither ended up being true, and he shot his front-seat passenger. The bullet ended up striking the plaintiff in his left leg. The resulting wound forced doctors to amputate the leg below the knee.

The plaintiff filed a product liability lawsuit against Beretta and the retailer, Bass Pro Shops. The suit alleged that Bass Pro sold the handgun and Beretta manufactured the handgun. The plaintiff did claim that the handgun was “unreasonably dangerous” and “defective.”

The District Court in Lyons County granted summary judgment to Beretta and the seller based on their interpretation of the federal Protection of Lawful Commerce in Arms Act (PLCAA). The PLCAA forbids lawsuits against manufacturers and retailers when a person criminally or unlawfully misuses a handgun. The rule shields the gun industry from the vast majority of tort lawsuits that could be filed against it. However, the rule requires that the shooter commit a criminal offense. In this case, the shooter did not intend to fire the gun. The Kansas Supreme Court ruled that the firearm manufacturer and dealer were immune because the shooter deliberately pulled the trigger.

When can I file a lawsuit against a gun manufacturer? 

There are two potential arguments you can make against a gun manufacturer that might hold up in court. You can argue that the gun itself had a defect that rendered it unreasonably dangerous or you can argue that the gun manufacturer marketed the gun to miscreants who would use the gun to harm the public.

Talk to a Florida Product Liability Attorney Today 

If you’ve been injured by a dangerous or defective product, call the Florida personal injury lawyers at Halpern, Santos & Pinkert. We can help you file suit against the manufacturer and retailer and recover damages related to your injuries.

Source:

kansasreflector.com/2025/04/25/kansas-supreme-court-affirms-product-liability-immunity-of-gun-maker-seller-in-civil-suit/