Availability of litigation as a public health tool for firearm injury prevention: comparison of guns, vaccines, and motor vehicles.

Abstract:

:The Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, grants the firearm industry broad immunity from liability. The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation's ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer. When the viability of the vaccine industry was threatened in the 1980s, Congress provided limited protection from liability and also established the Vaccine Injury Compensation Program. The liability of nearly all other products, for example motor vehicles, is governed by traditional common law principles. The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public's health.

journal_name

Am J Public Health

authors

Vernick JS,Rutkow L,Salmon DA

doi

10.2105/AJPH.2006.092544

subject

Has Abstract

pub_date

2007-11-01 00:00:00

pages

1991-7

issue

11

eissn

0090-0036

issn

1541-0048

pii

AJPH.2006.092544

journal_volume

97

pub_type

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