Uvalde families dig in for new test of gun industry protections
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After Mayah Zamora was shot and wounded at Robb Elementary School, her family did what many mass shooting survivors do: They sued. “Mainly what we are looking for is some sort of justice," said Christina Zamora, Mayah's mother. As the grim frequency of gun violence continues, both the U.S. government and gun manufacturers have reached large settlements in recent years following some of the nation's worst mass shootings.
“Mainly what we are looking for is some sort of justice," said Christina Zamora, Mayah's mother.
The lawsuits, relatives and victims of mass shootings say, are an effort to get accountability and prevent more attacks — by forcing reforms, hurting the gun industry's bottom line and strengthening background checks after lapses failed to stop gunmen from buying weapons.
It comes as attorneys say the narrow path for victims to bring lawsuits has begun to widen, including for families in Uvalde, who on Wednesday will mark the one year since the most deadly school shooting in Texas history.
“I think there are more opportunities for accountability than maybe there were five to 10 years ago,” said Eric Tirschwell, executive director for Everytown for Gun Safety, which for years has brought lawsuits against the gun industry and is also involved in the Uvalde case.
In Uvalde, victims have also accused Daniel Defense, the maker of the weapon used in the attack, of dangerous marketing. The company has denied that in court, and gun industry groups have broadly rejected the argument since the Sandy Hook settlement.
"The commercial speech is still protected speech," said Mark Oliva, managing director for public affairs at the National Shooting Sports Foundation.
The lawsuits in Uvalde are still in the early stages and not all families sued. For the Zamoras, they decided to join only after Mayah was released from the hospital, which was not until more than two months after the shooting and dozens of surgeries. Next year, her parents say, they hope she can return to school in person.
After the Uvalde shooting, Sandy and Lonnie Phillips drove to the town and shared with families their own experiences of suing the gun industry: a decision that ended with them declaring bankruptcy after losing and a court ordering them to pay more than $200,000 to the defendants' attorneys.
Their daughter, Jessica, was killed in the 2012 movie theater shooting in Aurora, Colorado. Last month, the couple joined Colorado Gov. Jared Polis as the Democrat signed laws aimed at making it easier to sue the gun industry, one of which prevents plaintiffs from having to pay if their lawsuits are dismissed.
"They’re not aware of what’s coming down the pike," Lonnie Phillips said of victims who bring lawsuits. "They only know that they lost their child and somebody has to pay."
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Bleiberg reported from Dallas. Associated Press writer Jonathan Mattise in Nashville, Tennessee, contributed to this report.
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