Laws don't supersede legal theories; legal theories are considered within the context of specific cases.
I didn't say he couldn't sue; I was more referring to whether or not he would have a viable case. Strict liability would most likely not apply to a case where a person used it in such a way that the result of using it was secondary to the primary offense of knowing that one is walking into a playground with an unsecured gun. Respectfully, Adam Phillip Churvis President Productivity Enhancement > -----Original Message----- > From: Gruss Gott [mailto:[EMAIL PROTECTED] > Sent: Tuesday, March 25, 2008 11:07 AM > To: CF-Community > Subject: Re: Right To Bear Arms > > > Adam wrote: > > very rare case -- a pure fluke, if you're familiar with holsters and > their > > wear and tear), then the owner would have a case against the holster > > manufacturer. > > > > Is there some law that supersedes "the theory of strict liability" in > that case then? > > As far as I know, the consumer can sue for damages for any reason at > any time and whether any damages are paid is solely up to the 12 > people in the jury: > > "In general, products liability claims are based not on negligence, > but rather on strict liability. Under the theory of strict liability, > a manufacturer is held liable regardless of whether it acted > negligently. It allows recovery for an injured customer who might be > in a difficult position to prove what a manufacturer did or did not do > wrong in its design or manufacturing process. It is presumed that a > manufacturer with its deep pockets may be better situated to absorb > the cost of liability and would consider such expense in setting price > for its products." > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;160198600;22374440;w Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:257405 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
