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In Price v Smith & Wesson Corp., 2021 ONSC 1114, Justice Perrell of the Ontario Superi...
Product liability design negligence claims allowed to proceed in mass shooting class action – Lexology
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 …