Retailer–manufacturer responsibility in the marketing of firearms: exploring the concept of negligent distribution

Abstract

One of the most divisive, controversial issues confronting Americans today is the regulation of firearms. Statistics pertaining to firearm-related injuries and death in the United States are staggering; approximately 32,000 Americans die annually from gunshot wounds, the vast majority of which can be attributed to handguns. Estimates of the costs of gun-related violence in the United States run as high as $100 billion/year. Not surprisingly, the firearms death rate in the United States is among the highest in the world, and clearly the highest among industrialized nations. To what extent, if any, do manufacturers and retailers share responsibility for harm caused by firearms? Manufacturer/retailer responsibility for firearm-related injuries may be tested under any one or more of a number of legal theories: products liability, public nuisance, and negligence. Of particular interest to marketers and retailers is the assertion that responsibility can be traced to negligent distribution practices. Although negligent distribution has been alleged in a number of key cases, the concept remains ambiguous. What does seem clear is that legal responsibility for injuries and death attributable to handguns has expanded, and negligence in marketing and distribution practices will become a paramount issue shaping the future direction of the firearms industry worldwide.