A mass shooting is an incident which involves several victims of violence resulting from the use of a firearm. The exact criteria and definition of a mass shooting have yet to be determined.
One possible definition of a mass shooting is an incident in which 4 or more individuals, excluding the perpetrator, are shot in one location at the same time. This definition has been narrowed by the Congressional Research Service to define public mass shootings as an incident in which four or more victims are killed at one or more locations close to one another, excluding any victims who do survive.
The FBI defines mass shootings in the same basic manner. It is important to note that there may be distinctions between private mass shootings and public mass shootings, which may occur at:
- A school;
- A place of worship; or
- A business.
A mass shooting which is perpetrated by a foreign terrorist is not included in this definition, regardless of how many individuals die or where the incident occurs. Due to the discrepancies in the definition of a mass shooting as well as the requirements that a certain number of victims die, it is difficult to quantify the number of incidents which have actually occurred.
In most cases, the perpetrator is male, as with most violent crimes. One of the most common types of mass shootings involve intimate partner violence, such as when an estranged spouse murders their partner, children, and even, in some cases, their partner’s parents.
Statistics seem to indicate that the number of mass shootings which occur is increasing over time. As of the end of 2021, in the United States, there were 693 incidents which fit within the criterion of the Mass Shooting Tracker Project.
As a result of these incidents, 703 individuals died and 2,842 were injured. If an individual has been a victim of gun violence, they may have questions regarding the liability of gun manufacturers, retailers, and business owners.
Who is Potentially Civilly Liable After a Mass Shooting?
Although an individual may have a tort or personal injury claim against a perpetrator of a mass shooting, in many cases, these individuals will not have the financial resources to compensate the victims for their losses and injuries. Because of this, a victim may be better suited to file a lawsuit against a negligent business.
Unlike judgment-proof shooters, gun manufacturers, retailers, and businesses may have insurance policies as well as financial assets.
What Businesses and Employers May be Liable in a Mass Shooting?
If an individual is injured during a mass shooting at their workplace, they may be covered by worker’s compensation. Workers’ compensation benefits usually includes payment for an individual’s:
- Medical bills;
- Payment for lost wages; and
- Vocational rehabilitation.
Unlike traditional lawsuits, an individual will file a claim with their worker’s compensation insurance company or with a government agency. If an individual’s worker’s compensation claim is denied, they have the right to appeal.
Worker’s compensation systems are different in every state. It is important for individuals to follow their state’s processes and procedures.
A non-employee may have a negligence lawsuit based on a failure to reasonably protect the victims of these incidents. This may occur if adequate protection was not provided or an individual failed to notify authorities of a known risk.
Victims of these types of incidents have filed negligence lawsuits against:
What About Gun Manufacturers and Retailers?
There are federal laws and state laws which provide broad immunity to gun manufacturers and retailers. Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005.
The PLCAA prevents the victims of mass shooting incidents, as well as other victims of gun violence, from suing the companies who make and sell firearms. The PLCAA, however, does have some exceptions.
An individual may sue a gun manufacturer or retailer if:
- They sold an individual a firearm knowing that it would be used to commit a crime;
- There is evidence of negligence;
- The manufacturer knowingly violated a federal law or a state law concerning the sale and marketing of guns and that this violation resulted in the victim’s injury;
- There was a breach of contract or warranty relating to the purchase of the firearm;
A design defect in the firearm caused the victim’s injuries; or
- The Attorney General filed a lawsuit to enforce the National Firearms Act.
There have been numerous lawsuits challenging the constitutionality of the PLCAA, none of which have been successful. Some plaintiffs, however, have successfully pursued a claim within the exceptions of the PLCAA.
There is a group of victims of the Sandy Hook shooting who have sued Remington Arms, the manufacturer of the AR-15, a distributor of firearms, and a gun shop. The plaintiffs in this case argued that the AR-15 is a military weapon and that providing it to the average citizen constitutes negligent entrustment.
There are 34 states which have their own gun immunity laws, which limit lawsuits against gun retailers and manufacturers, including:
- Alabama;
- Alaska;
- Arizona;
- Arkansas;
- Colorado;
- Delaware;
- Florida;
- Georgia;
- Idaho;
- Indiana;
- Kansas;
- Kentucky;
- Louisiana;
- Maine;
- Michigan;
- Mississippi;
- Missouri;
- Montana;
- Nebraska;
- Nevada;
- New Hampshire;
- North Carolina;
- North Dakota;
- Ohio;
- Oklahoma;
- Pennsylvania;
- South Carolina;
- South Dakota;
- Tennessee;
- Texas;
- Utah;
- Virginia;
- Washington; and
- West Virginia.
In 2002, California was the first state to repeal its gun immunity laws.
What Legal Defenses are Available for Defendants?
As previously noted, the PLCAA as state laws offer immunity to gun manufacturers as well as retailers. Unless an individual’s claim fits within one of the PLCAA exceptions, they cannot file a personal injury claim against a company which makes or distributes firearms.
In addition, the defendant may have other defenses available to them, including contributory or comparative negligence.
What Potential Remedies Could Victims Claim?
A plaintiff may be entitled to receive both economic and non-economic damages in a mass shooting claim. Economic damages are designed to compensate a plaintiff for their actual, measurable economic losses.
Examples of expenses which are commonly included in economic damages awards include:
- Compensation for the plaintiff’s medical expenses, which may include past and future expenses;
- Lost earnings or business opportunities which occurred because of their injuries;
- Damage to or unauthorized use of property; and
- Costs associated with repairs or replacement of property.
In the majority of personal injury cases, the bulk of damages awards come in the form of medical expenses, such as:
- Hospital bills;
- Therapy costs;
- The cost of medication; and
- Other related costs.
Non-economic damages may also be called general damages. These damages compensate a victim for their non-monetary losses that are not readily quantifiable.
Examples of non-economic damages may include:
Non-economic damages are highly subjective in nature and may vary widely by case and by victim. Because these types of damages are often difficult for juries to calculate, they are often subject to strict guidelines.
Should I Speak with a Personal Injury Lawyer?
Yes, it is essential for an individual to consult with a personal injury lawyer if they have any issues, questions, or concerns regarding a mass shooting claim. Your lawyer can review your case and advise you of your rights under state and federal laws.
Your lawyer can also help you identify the proper defendants, guide you through the lawsuit process, and represent you when you have to appear in court.
