Will we now hold auto makers liable for negligent marketing because they know that some percentage of their products will be used by reckless drivers?

Just last week, a Brooklyn jury found nine gun manufacturers liable for shootings with illegally obtained handguns, saying the companies had negligent marketing and distribution practices.

The central issue in the case was negligent marketing.

Why isn't that negligent marketing?

But Professor Kairys said cities may have an easier time proving a case of negligent marketing than individual plaintiffs would.

The companies deny the charge of negligent marketing and say they cooperate with law enforcement agencies against illegal trafficking.

Last week's Federal jury verdict against firearms manufacturers for negligent marketing and distribution practices marks an important turning point in the fight against gun violence.

More than 25 cities and counties have sued the industry in the last year, charging negligent marketing or failure to include enough safety devices.

The jury accepted the plaintiffs' argument that gun makers were guilty of negligent marketing, a verdict that was recognized by all sides as a landmark.

"This is a setback, because this was the first and only jury verdict against a manufacturer for negligent marketing."