Sense of Duty: Retiring the Special Relationship Rule and Holding Gun Manufacturers Liable for Negligently Distributing Guns

Authors

Rachana Bowmik
Honathan E. Lowy
Allen K. Rostron, University of Missouri - Kansas City, School of LawFollow
Rachel Hoover

Publication Date

2001

Document Type

Article

Abstract

In response to recent litigation brought against the gun industry on behalf of individuals and municipalities victimized as a result of the negligent marketing, design, and distribution of guns, the gun industry has argued that they cannot be held responsible for the victims' injuries because they have no "special relationship" with the victims. Without a "special relationship," gun manufacturers claim to have no duty whatsoever to design, market, or distribute guns in a reasonable fashion. This article examines the fallacies inherent in the gun industry's "special relationship" argument and discusses the factual, legal and policy grounds that support holding the gun industry responsible for its role in facilitating the misuse of guns.

Publication Title

Journal of Health Care Law & Policy

Volume

4

Issue

1

Recommended Citation

Rachana Bowmik, Honathan E. Lowy, Allen K. Rostron & Rachel Hoover, Sense of Duty: Retiring the Special Relationship Rule and Holding Gun Manufacturers Liable for Negligently Distributing Guns, 4 Journal of Health Care Law & Policy 42 (2001).
Available at: https://irlaw.umkc.edu/faculty_works/656