Isn't this issue already addressed in case law?
I recall a case where the phone company wasn't liable for crimes committed using the phone.
Lets sue EVERY liquor store or bar that sells anyone alcohol who later gets in an accident.
Lawsuits like this are everything that is wrong with America. Misplaced accountability.
We have individual rights, and therefore are individually accountable.
If I could play keyboard attorney for a moment.
Unless Badger Guns/Outdoors was negligent in selling a gun to someone who was not legally allowed to own/possess one, I can't imagine a court will hold them liable.
A couple things I note:
First, our nanny government has imposed a myriad of laws governing background checks, straw purchases, and sale of handguns all in an attempt to keep guns out of the hands of criminals (or perhaps just to score political points) I digress...
With all the scrutiny on Badger Guns and onslaught of media attacks from Milwaukee news media, the city of Milwaukee, and the Milwaukee Police Department, HAD there been even the slightest bit of evidence Badger Outdoors or Badger Guns had broken any laws, they would surely have already had their FFL pulled and/or had criminal charges filed against them. Since they have NOT, thats pretty solid de facto proof no laws were broken.
All that aside, this is just further proof that our nanny government with its incessant legislative attempts to prevent crime by imposing cumbersome restrictions on the law abiding (background checks, etc) DIDN'T accomplish intended goals.
In a civil case, I believe the burden will rest on the plaintiffs to prove negligence or willful conduct that Badger Guns/Outdoors had reason to believe a sale they were making would lead to a gun ending up in the hands of a criminal who would use it to shoot THESE defendants.
With SO many laws requiring background checks, making straw purchases illegal, etc. I find it hard to believe any evidence exists that will give this suit any weight because if that evidence did exist, criminal charges would have already been filed AND/OR their FFL been pulled.