Toronto Shooting Victims Suing Smith & Wesson

Victims of a shooting in Toronto have filed a class action lawsuit against Smith & Wesson, claiming the company did not incorporate "smart gun technology" in its products.

Toronto Shooting Victims Suing Smith & Wesson

Smith & Wesson is named in a class action lawsuit by victims of a shooting in 2018 in Toronto who assert the company did not incorporate "smart gun technology" in its products.

The victims are seeking C$150M ($114 million U.S.). The lawsuit was filed Dec. 16 in the Ontario Superior Court of Justice in Toronto but was not immediately certified.

Known as the Danforth shooting, two people died and 13 were injured in July 2018 at a restaurant on Danforth Avenue in Toronto. The Smith & Wesson M&P 40 caliber pistol was stolen and used by Faisal Hussain in the attack. He later killed himself.

The lawsuit claims “the handgun was negligently designed and manufactured in that Smith & Wesson failed to incorporate ‘authorized user’ (or ‘smart gun’) technology in the weapon.” It said this technology could have prevented unauthorized users from firing the gun. Proponents of the technology claim that fingerprints, palm prints or other biometrics or locking systems can prevent unauthorized use and reduce shootings.

The lawsuit also claims Smith & Wesson created an "ultra-hazardous" product and had agreed to incorporate it in new firearms designs by March 2003. The M&P series was launched in 2005. The suit also asserts that the company knew firearms without the technology were “deficient; unsafe; inherently and unnecessarily dangerous; and a significant risk to members of the public.”

Smith & Wesson is a division of American Outdoor Brands and based in Springfield, Massachusetts.

Victims in the suit say the shooter knew the gun could be used to harm others, and that Smith & Wesson could have prevented the deaths and injuries.

"In the circumstances, [the] defendant owed a duty to the Class to ensure that any handguns it made available to the Canadian market were designed and manufactured to implement technology that would prevent unauthorised users from causing the very type of harm and injury suffered by the Class members," the lawsuit states.


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