NUMB:
981205
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. MURPHY, PRATT, D'AMATO, HENNINGSEN, JOHNSON-ODOM, GORDON, RICHARDS, BUTLER AND HINES
TITL:
Substitute resolution relating to initiation of a lawsuit against various companies and organizations to recover damage to the City of Milwaukee from the sale of firearms that fail to incorporate safety designs to prevent their use by children and other unauthorized users.
ANLS:
- Analysis -
This resolution requests the City Attorney to evaluate the feasibility of, jointly with Milwaukee County, filing a lawsuit against the manufacturers and distributors of firearms for their failure to use available means to help prevent unauthorized use of firearms, particularly by children. The resolution requests the City Attorney to report his findings and recommendations to the Common Council.
BODY:
Whereas, Firearms are legal consumer products which have the potential for tragic misuse by persons who are unauthorized to use them or by children who are too young to appreciate the consequences of their actions; and
Whereas, Several devices are currently available to prevent unauthorized persons from using firearms, but that technology has not been incorporated into the designs of the products of any major handgun manufacturers; and
Whereas, A device to clearly indicate that a bullet is in the chamber of a handgun could prevent those firearm injuries and deaths caused by users who incorrectly assume that removal of the clip from a handgun means that the gun is not loaded, but manufacturers have not incorporated such warning devices into their products; and
Whereas, Some widely-sold pistols are not even equipped by their manufacturers with external safety devices which, although limited in their effectiveness, may act to prevent some unauthorized uses; and
Whereas, It is clear that the technology to prevent the use of firearms by children and other unauthorized users has been available for incorporation in firearms for many years, and manufacturers have chosen not to incorporate this safety technology in their firearms; and
Whereas, Manufacturers of other legal consumer products, such as automobiles and over-the-counter medications, have incorporated safety features in their products to prevent or reduce injury from unauthorized or improper use; and
Whereas, Numerous legal consumer products include safety features and carry warnings of safety risks that may be incurred by unwary users; and
Whereas, The citizens of Milwaukee pay a tragic toll for the unauthorized use of firearms and for the use of firearms that do not warn of hidden dangers; and
Whereas, Scientific research shows that firearm injuries are more expensive to treat than other injuries and illnesses; and
Whereas, Over 300 persons were hospitalized in 1997 in Milwaukee County for firearm injuries, which does not include either those who died before admission to the hospital or those who did not seek hospital treatment for their injuries; and
Whereas, The Firearm Injury Center of the Medical College of Wisconsin reports that public funds paid over $2.8 million for the 1997 hospital expenses of treating firearm injuries, which does not include the additional cost of out-patient treatment or expenses incurred for persons who died prior to admission; and
Whereas, Milwaukee County is actively considering filing a lawsuit to recover its expenditures for treatment of gunshot injuries at local hospitals; and
Whereas, Lawsuits to recover damages from firearm manufacturers and distributors have been filed by numerous affected individuals, including police officers injured in the line of duty, and by the cities of Chicago and New Orleans, and such suits are being considered by Philadelphia and other cities; and
Whereas, These lawsuits have been based on a wide variety of legal concepts, including failure to incorporate safety technology, failure to warn of hidden dangers, defective design, negligent marketing, other product liability issues and public nuisance; and
Whereas, Legal assistance for such a lawsuit is available from law firms and public interest organizations, some of whose services are available at little or no cost to the City; and
Whereas, It is therefore appropriate for the City Attorney to evaluate the feasibility of a cooperative lawsuit by the City and Milwaukee County against firearm manufacturers and distributors for damages sustained by the City and County because of the unauthorized use of firearms; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City Attorney is requested to evaluate the feasibility of pursuing a lawsuit jointly with Milwaukee County against firearm manufacturers and distributors for damages sustained by the City and County due to unauthorized use of firearms; and, be it
Further Resolved, That the City Attorney is requested to report his written findings and recommendations to the Common Council as soon as his evaluation is completed.
ZDPT:
DFTR:
LRB98466.3
CW
12/2/98