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Newtown wrongful death case sent back to state court

Florida residents may be interested to hear that on Sept. 30, a wrongful death lawsuit against gun maker Remington was sent back to a Connecticut state court. The ruling is said to be a victory for the families of the Newtown shooting victims who were pursuing the suit. This is because federal courts have typically refused to hold gun manufactures liable for crimes committed by third parties or permit lawsuits against them.

The families say in the lawsuit that the AR-15 that was used in the shooting is too dangerous to be sold to the general public. The firearm distribution company Camfour as well as Connecticut-based Riverview Gun Sales, where the gun was purchased by the shooter's mother, were also named as defendants in the suit. Remington argued that the store should not have been named in the suit, which would mean none of the defendants were based in the state. That would have made a federal court more appropriate than a state one.

In the event that an individual is fatally injured by the actions of others, it may be possible for the surviving family members of the victim to file a wrongful death suit. As is the case in a personal injury lawsuit, the liability is based upon the negligence of the defendant.

Each state has its own statutes governing wrongful death lawsuits, and they often specify who can bring that action as well as what damages can be sought. In most cases, damages can include the reimbursement of funeral and burial expenses. Other damages that may be allowable under certain circumstances include the loss of companionship and inheritance. An attorney can explain these and other matters to surviving family members.

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