RE: Man Sentenced in radioactive Poisoning Case

["Simmons, Charlie" <CSimmons@kilstock.com>]

Regarding the level of culpability of a licensee for criminal misuse of
licensed material: notwithstanding the discussion of whether regulatory
sanctions could or should be imposed on the licensee under such
circumstances, licensees should not lose sight of their potential exposure
to civil tort liability, even where an intervening criminal act results in
personal injury.  
The existence of a federally (or Agreement State) licensed activity and
adherence to the terms of that license do not necessarily insulate the
licensee from civil tort liability, even where an intervening unlawful act
results in harm.  Forget about intervening criminal misuse of legal
products, the manufacturer is on the hook if a jury can be convinced that
the product is "ultra hazardous," or "inherently dangerous," the licensee
"knew or should have known" that such misuse might occur, and the licensee
did not take appropriate action to prevent such misuse.

Not a pretty comparison to some, but this principle is operative in current
municipalities suits versus firearms manufacturers.  

Charles Simmons
csimmons@kilstock.com         
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