Topline
Sixteen witnesses of last year’s mass shooting at a grocery store in Buffalo, New York, sued a number of companies allegedly linked to the assailant—ranging from YouTube and Reddit to a gun store—this week over the trauma they endured during and after the shooting, an unusual lawsuit following a shooting that killed 10 people.
Most of the plaintiffs in a lawsuit that was filed on their behalf by gun control advocacy group … [+]
Key Facts
Most of the plaintiffs in the suit, which was filed on their behalf by gun control advocacy group Everytown for Gun Safety, were Tops employees at the time of the shooting and allege they have endured “nightmares, trouble sleeping, anxiety and paranoia,” according to NBC News, which first reported on the suit.
The lawsuit alleges Payton Gendron—the shooter who was 18 at the time—was radicalized on Reddit and YouTube and learned information that he later used during the shooting on the platforms, according to a statement from Everytown, which argues the sites have known tendencies to “amplify hateful conspiracy theories, radicalize young men to extremism, and promote gun violence.”
The plaintiffs also sued the gun retailer that sold Gendron an AR-15-style rifle, a company that allegedly sold him body armor “without any verification or vetting,” the maker of an “easy-to-remove” magazine lock that Gendron removed so he could use a larger magazine that wasn’t permitted under New York law, and Gendron’s parents.
The lawsuit is reportedly seeking legal fees and unspecified damages for the plaintiffs for the negligent infliction of emotional distress.
A press release from Everytown said that while the plaintiffs weren’t shot by the gunman, they “suffered lasting harm and severe emotional distress” and “continue to experience the life-altering effects of the severe trauma they endured.”
The lawsuit follows a similar wrongful death suit against a dozen defendants—including the social media companies and body armor manufacturer named in this suit—that was filed by families of the victims in July and points out Gendron admitted he was “lured, unsuspectingly, into a psychological vortex by defective social media applications.”
Forbes has reached out to YouTube, Reddit, Mean Arms LLC., RMA Armament and Vintage Firearms for comment.
Tangent
A second suit was filed on behalf of the son of one of those killed in the shooting, Wayne Jones. In a statement from Everytown, Jones said the “racist attack could have been prevented” if the numerous companies and individuals involved used their power to stop it. “My only hope is that this lawsuit can raise awareness and hold them accountable so that another gunman can’t inflict the same kind of terror and incalculable damage,” he said.
Contra
The suit could be a difficult one to win as both gun product manufacturers and social media sites have historically had strong protection from civil suits. In 2005, Congress passed legislation to stop civil suits from being brought against gun or gun product manufacturers for damages stemming “from the misuse of their products by others.” And a portion of the 1996 Communications Decency Act called Section 230 largely shields websites from being held responsible in civil court for what people post on them. Earlier this year, the Supreme Court sided with Twitter in determining social media sites remain protected from lawsuits over terrorist-related content on their sites, upholding the law.
Big Number
10. That’s how many people—all of whom were Black—shooter Payton Gendron killed when he opened fire in a Buffalo Tops in 2022.
Surprising Fact
Although it’s not rare for families of deceased victims to sue gun manufacturers and others for trauma, it is still fairly uncommon for survivors of shootings to take that course of action. In Uvalde, three survivors’ families sued the Uvalde school district, gun makers and law enforcement, alleging negligence and failures that contributed to the massacre. Though that suit wasn’t directly over trauma, the Texas Tribune reported their lawyer said they were seeking damages because of “the trauma of what” the young plaintiffs went through. Similarly, survivors of the country’s deadliest mass shooting at the Route 91 Harvest Moon Festival in Las Vegas sued the MGM Grand, claiming the hotel was negligent by allowing the shooter to keep weapons and ammunition in his room at Mandalay Bay where he shot concert-goers from. In that case, more than 4,000 claimants received part of an $800 million settlement.
Key Background
On May 14, 2022, Gendron drove from his home in Binghamton, New York, to the Buffalo Tops and opened fire on shoppers and employees with a semi-automatic rifle. During the attack, 13 people were shot. Before he began shooting, Gendron allegedly posted a 180-page racist manifesto about a far-right theory claiming Black people are replacing the white race, and he wanted to “prevent Black people from replacing white people and eliminating the white race.” Gendron pleaded guilty to one count of domestic act of terrorism motivated by hate, 10 counts of first-degree murder, three counts of attempted murder and a weapons possession charge and, in February, was sentenced to life imprisonment without the possibility of parole.
Further Reading
Source: https://www.forbes.com/sites/mollybohannon/2023/08/16/buffalo-supermarket-shooting-witnesses-suing-gun-store-and-social-media-sites-used-by-shooter/