City of Bridgeport Lacks Standing for Product Liability Claim

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Municipality and mayor's products liability and CUTPA action against firearms manufactures, sellers, and trade associations was properly dismissed for lack of standing. Remoteness doctrine precluded their claims.

The Municipality of the City of Bridgeport led by Mayor Joseph P. Ganim filed suit against several gun manufacturers, including the Smith & Wesson Corporation for the injuries inflicted by the defendants’ conduct. The major counts against the gun manufacturers were alleged under the product liability act. In addition, the city of Bridgeport alleged public nuisance and civil conspiracy. The plaintiff alleged that the failure of self-locking and childproof features cause unnecessary injury and death, and display the manufactures’ negligence in taking adequate and reasonable measure to make the guns safer in order to prevent foreseeable injuries. The plaintiff further argues that the defendants have for years engaged in a conspiracy to mislead and deceive Bridgeport and its residents regarding the safety of handguns. Specifically, the defendant’s allegedly advertise the fallacy that the use of handguns will increase home safety when research supports the contrary. As a result of these injuries and threats, the city suffered irreparable harm and financial harm, including additional expenses for police services, emergency services and expenses for pension benefits, health care, social services and necessary facilities.

The CT Supreme Court found that the City of Bridgeport lacked standing in this matter. A requisite element for standing is that the plaintiff “must be a proper party to request adjudication of the issues.” A proper party is one who has some real interest in the cause of action. In the case at hand, the plaintiff’s injuries are suffered by a third party, here the residents of Bridgeport. The court concluded that the liability of the manufacturers could not extend indefinitely. As a result, the subsequent actions of gun-owners, whether proper or improper, could not extend proximate cause upon the manufacturers.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Ganim v. Smith & Wesson Corp., 780 A.2d 98; 258 Conn. 313 (Conn. October 9, 2001)