Maryland Personal Injury Blog
Many Marylanders struggle with mental health issues. While treatment is effective in many cases, some people tragically cannot overcome their illnesses and lose their lives to suicide. Questions often arise as to what liability, if any, can be imposed on parties that were aware of a person’s suicidal ideation and inadvertently aided them in taking steps to end their lives. This was illustrated in a recent Maryland case in which the court analyzed whether a store could be deemed negligent for selling an employee a firearm despite knowledge of his suicidal ideation. If you lost a loved one due to another party’s negligence, it is prudent to meet with a Maryland personal injury lawyer to examine your potential claims.
Factual Background
It is reported that the decedent had a history of depression and battled suicidal ideation since he was a child. He was diagnosed with major depressive disorder in June 2019. He worked at a supercenter that sold firearms, and at least three of his coworkers were aware of his mental health history. In October 2019, he began experiencing a mental health crisis and entered the hospital for three days. He sent text messages to his coworkers, informing them he was suffering from crippling depression and had attempted suicide.
Allegedly, the decedent’s coworkers discussed adding him to a blacklist that would bar him from purchasing firearms, and his supervisor stated that he would but failed to do so. The decedent returned to work, purchased a firearm, and died by suicide in the parking lot. His parents filed a lawsuit against the supercenter, arguing that its negligence led to the decedent’s death. The defendant moved for judgment on the pleadings.
Liability for the Suicide of a Third Party
In support of its motion, the defendant argued, in part, that the plaintiff’s claims were barred by the Protection of Lawful Commerce in Arms Act (PLCAA) and that none of the exceptions to the PLCAA applied. The court explained that the PLCAA bars qualified civil liability claims, which are defined as claims brought against the manufacturer or seller of a gun that arises out of the unlawful or criminal misuse of the gun.
In the subject case, as the claim did not arise out of the unlawful or criminal use of a firearm, the plaintiffs argued that the PLCAA did not apply. The court ultimately found that while PLCAA may apply, a predicate exception applied as well. Thus, it permitted the plaintiff’s claims to proceed.
Consult a Skilled Maryland Attorney
People who carelessly harm others should be held responsible, but establishing liability can be difficult when the harm suffered is self-inflicted. If you or a loved one sustained losses because of another person’s negligence, it is smart to consult an attorney as soon as possible. The skilled Maryland personal injury lawyers of Foran & Foran, P.A. are proficient at helping people injured by reckless acts in the pursuit of damages, and if you hire us, we will work tirelessly on your behalf. We have an office in Greenbelt, and we regularly represent parties in personal injury cases in cities in Prince George’s County and Montgomery County. You can reach us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.