Sunday, 12 May 2024

$150M lawsuit filed against gun manufacturer Smith & Wesson by Danforth shooting victims

Two of the victims who were injured during a mass shooting in Toronto’s Danforth neighbourhood in 2018 are looking to proceed with a $150-million class-action lawsuit against United States gun manufacturer Smith & Wesson Corp.

Lawyers for Samantha Price and Skye McLeod, along with their family members, filed a statement of claim with the Ontario Superior Court of Justice on Monday.

“The handgun is an ‘ultra-hazardous product specifically designed to injure or kill people. The handgun was negligently designed and manufactured in that Smith & Wesson failed to incorporate ‘authorized user’ (or ‘smart gun’) technology into the weapon,” the claim said, noting “smart gun” technology “prevents unauthorized users … from firing the weapon.”

“It was reasonably foreseeable that (the) defendant’s handgun products, like the handgun used in the Danforth shooting, would be in the hands of unauthorized users cause substantial harm to, or kill, innocent third parties.”

On the evening of July 22, 2018, Toronto police said 29-year-old Faisal Hussain went to Danforth Avenue and fired several shots.

Over the span of 10 minutes and several blocks heading west from Logan Avenue on Danforth Avenue, two people were killed — 10-year-old Julianna Kozis and 18-year-old Reese Fallon — and 13 injured before officials said Hussain fatally shot himself in the head.

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