Family members of some of the Dayton mass shooting victims are discussing a wrongful death lawsuit against the manufacturer of the 100-round magazine used in the attack.
In a news release, Columbus-based law firm Cooper Elliott said the lawsuit will be filed against Kyung Chang Industry USA Inc. and its related South Korean company. Claims against the company include negligence, negligent entrustment and public nuisance.
The shooting happened on Aug. 4, 2019 in the Oregon District of Dayton. Twenty-four-year-old Connor Betts used a .223-caliber firearm to kill nine people and injured 17 others.
Betts was shot and killed by police less than a minute after the first shots were fired.
"This is America. No other country tolerates its citizens being repeatedly subjected to mass assaults and mass slaughter when they are just trying to live their lives," said Jonathan Lowy, chief council at Brady.
According to Cooper Elliott, their client claims there are only two uses of a 100-round magazine: by the military or in a mass shooting.
“The risks to public safety of making and selling these to civilians outweigh any benefits. They are also not aware of any meaningful protocols, checks, or oversight KCI has in place to make sure its product isn’t used in a mass shooting. Therefore, it was foreseeable that, without sufficient safeguards, providing 100-round magazines to the general public would likely result in them being used in a mass shooting.”
Almost 60% of mass shootings involve high-capacity magazines, according to Ben Cooper with Cooper Elliott.
Cooper Elliott says the lawsuit will be filed in state court in Clark County, Nevada where KCI is located.