Gary Klein, ‘In the Hands of the Maker: The Failure of Consumer Product Safety Oversight of Guns’

ABSTRACT
Like automobiles, toasters and other consumer products, guns can sometimes have design or manufacturing flaws that lead to serious accidents. Gun accidents caused by gun defects can harm not just the users of the product, but others who happen to be in the wrong place at the wrong time.

This article will examine the consequences of historically minimal consumer product safety oversight of gun manufacturers, and the failure of regulators and the courts, when defects become manifest, to mandate remedies sufficient to deter unsafe design choices and sloppy manufacturing practices. The general thesis of this article is not new or original, it echoes and builds on articles and reports that have been published by others in the last 30 years. Unfortunately, this article describes the continued absence of progress on gun safety and the ongoing failure of the market for guns, even in the face of recent consumer product safety class actions and personal injury settlements, to regulate itself.

Klein, Gary, In the Hands of the Maker: The Failure of Consumer Product Safety Oversight of Guns (April 25, 2021). Loyola Consumer Law Review, volume 33, no 1, 2021.

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