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Case Law Update: Product Liability in Weapons Case

Adames v. Sheahan, No. 105789 & 105851 cons (3-19-09) found that the appellate court erred when it concluded that evidence was sufficient to find that police officer’s negligent storage of his service weapon at home, resulting of the death of a child when he was shot by the officer’s son, was committed in the course of his employment. It was not the kind of conduct officer was employed to perform, incident to his employment, or for the benefit of his employer. Therefore, it should have affirmed the summary dismissal of plaintiff’s complaint against the sheriff alleging respondeat superior. In addition, count against gun manufacturer for failure to warn and design defect, is barred by the provisions of PLCAA. This case will greatly impact product liability cases.