Product Liability Design Negligence Claims Allowed To Proceed In Mass Shooting Class Action

In Price v Smith & Wesson Corp., 2021 ONSC 1114, Justice Perrell of the Ontario Superior Court of Justice considered the viability of product liability claims advanced against a gun manufacturer in an action commenced by the victims of the Danforth shooting in Toronto and their families.

The plaintiffs alleged negligent design, manufacture and/or distribution, public nuisance and strict liability under the rule in Rylands v. Fletcher, which normally applies to the discharge of harmful material from real property. Justice Perrell found it was plain and obvious that the claims of public nuisance and strict liability could not succeed. The negligent manufacture and distribution claims suffered the same fate. However, the plaintiffs' design negligence claims were allowed to proceed.