A US court has ruled that the city of Cincinnati can sue US gunmakers to recoup the costs of gun violence, a preliminary victory for the city in its long-running legal battle with US weapons' manufacturers.
Overturning the decisions of two lower courts, the Ohio Supreme Court reinstated Cincinnati's 1999 suit against 15 manufacturers, including Beretta USA, Smith and Wesson Corp., Sturm Ruger Co. and Colt's Manufacturing Co.
In a 20 page-ruling, Justice Francis Sweeney concluded that there were sufficient grounds for the case to proceed to trial. The suit alleges that the industry has designed, marketed and distributed firearms in ways that ensure the widespread accessibility to prohibited purchasers, including children and criminals.
It also seeks millions of dollars in damages for the costs incurred by city agencies in dealing with the cost of gun violence. Cincinnati assistant solicitor Richard Ganulin said the decision will allow the city "to protect itself against those people who are flooding the streets with unsafe guns."
Anti-gun campaigners hailed the ruling as an "extremely intelligent, well-researched opinion" that could be influential in other cases being considered by other appeals courts, notably those filed by Gary, Indiana and Chicago, Illinois.
"The court made clear that the gun industry can be held legally responsible for their negligent distribution and design of guns," said John Lowy, an attorney with the Brady Center to Prevent Gun Violence, a co-counsel for the suit.
A lawyer for Beretta, Mr Lawrence Greenwald, said the manufacturer would vigorously defend the suit. "We would have liked a different result, but now that the Ohio
Supreme Court has spoken, we will be going back to the trial court, and anticipate mounting a successful defense at that level," he said.
AFP