Accidental discharge leads to another lawsuit against Remington

[Hobo]

I heard about this incident about a year ago, now it has moved to civil court. In my view, this guy and his son have a reasonable complaint against Remington. What are your thoughts?

Twin Falls man suing gunmaker after son's accidental shooting

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[Tony617]

I don't think any shotgun is drop safe.

 

[Caveman Jim]

Might as well pile on the CALS because it might make him rich. I have dropped my 870 many times and it never discharged all by it self. I'm calling BS on this and yes I read the article.....

 

[Flopsweat]

If there were a design flaw that allowed the gun to fire with the safety on I'd say go for it. As it stands, I won't be surprised if it turns out that the gun had been modified or not properly maintained.

 

[Medic!]

Then it should be easy enough to recreate the guns potential to fire under the same conditions,[Safety on as stated] in a controlled environment. Right.

Other than that. It looks like a man shot his son. And needs something or someone to blame.

 

[308]

Son hands dad a shotgun with a round in the chamber.

Dad carried shotgun with a round in the chamber on an icy trail.

Dad is a firearms expert and carries a chambered gun on an icy trail...with the safety on.

Dad falls on icy trail and drops loaded, chambered shotgun and the "defective gun shoots boy"

Clearly this is the fault of someone other than the firearms expert.

 

[SparksFly]

IK would agree with 308. You should always unload and check the chamber on a shotgun before carrying it on an icy trail and especially before handing it over. I am calling dad stupidity on this one. He should have taught his son that.

 

[PaulB47]

I don't believe in lawsuits of this sort, particularly the "get rich quick" aspects. This is a particularly American trait, and not one of our better ones. bubblegum happens in life, and juries are always going to vote for the poor little boy against the big mean company. And we wonder why our industries go out of business or offshore? Yeah it would be a good thing for Remington to help with the medical bills, but beyond that, you buy a tool such as a firearm (or a hammer, or a car), you should assume some responsibility and some possibility you can be harmed by it. Don't want the risk? Don't buy it.

Of course all this assumes there weren't even more negligent aspects in the Dad's behavior than what the story told. Maybe he walked behind the boy rather than in front. Maybe he slipped the safety off. Is anyone going to know? Is the kid not going to corroborate Dad's story, however false?

 

[66PonyCar]

Only two people know what really happened on the trail. Can the "accidental discharge" be duplicated with the same shotgun?

I agree the shotgun should have been unloaded when walking on the icy trail. It's very possible he flipped the safety off as he was falling.

 

[U8395279]

Might as well pile on the CALS because it might make him rich. I have dropped my 870 many times and it never discharged all by it self. I'm calling BS on this and yes I read the article.....

How many 870's have been sold, since it was first introduced in 1950?

I think that it is many millions of shotguns, no? In fact, I think that it is the most popular shotgun ever sold.

.

 

[Hobo]

Might as well pile on the CALS because it might make him rich. I have dropped my 870 many times and it never discharged all by it self. I'm calling BS on this and yes I read the article.....

How many 870's have been sold, since it was first introduced in 1950?

I think that it is many millions of shotguns, no? In fact, I think that it is the most popular shotgun ever sold.

.

Hmmm, I thought Remington already admitted there have been trigger problems with some of the 870's. The manufacturer acknowledges a problem with them, makes me wonder if there were not also problems with the youth models.

 

[mjbskwim]

WHY???
Why was the muzzle of the gun pointed at the son?
The one variable in all these incidents is ....
THE MUZZLE OF SAID RIFLE WAS POINTED AT A PERSON.
So my thought is that either folks that buy other brands of rifles have better trigger control or a larger percentage of Remington owners aren't smart enough to have good muzzle control.
No matter what gun you are carrying,you need to keep the muzzle from pointing at another person.
Just seems so simple

 

[mjbskwim]

BTW it was negligence not an accident

 

[Caveman Jim]

Hmmm, I thought Remington already admitted there have been trigger problems with some of the 870's. The manufacturer acknowledges a problem with them, makes me wonder if there were not also problems with the youth models.

I heard no mention in the article of 870's being defective.
The model 700 Xmark@ triggers had problems mentioned though.

 

[Joe13]

Clearly this is the fault of someone other than the firearms expert.

Bingo .

And also the folks that said the shotgun should have been unloaded first - that's almost the first thing they teach in hunters education...

Sadly stupid is what this is

 

[thorborg]

Avoid liability and arrest, I'm still here to buy your dangerous Rem 700 in 6.5 X 55 Swede for pennies on the dollar. You and your loved ones will sleep better.

 

[The Courier]

Can I stick my hand in the engine belts of my Tahoe while its running and then sue GMC for dismemberment? It says keep away from fan not belts...Must be defective.

 

[clearconscience]

My questions are how old was this shotgun? And was it ever modified?

I hardly know anyone how doesn't play woth their firearms changing parts or modifiying them.

If it's really old and worn may be worn out parts.
Or he could have hit the safety dropping it. A million things could have happened and I would almost always blame the user.
Machines can fail, but unless that was a new shotgun less than a year old I would have a hard time believing it was a manufacturers defect.


He probably F'd up shot his kid and like most others wants someone to blame other than himself and wants to make money on it.

 

[clearconscience]

Unfortunetly woth the current political and courts systems the people will probably win.

They probably didn't even have the safety on.

I bet they couldn't get the gun to do it again if tested.

 

[Hobo]

All judgement of the guys safety practices aside, a gun with the safety engaged shouldn't fire. A gun should not fire without pulling the trigger. Seems to me a gun, with the safety engaged and without pulling the trigger should not fire no matter what. I mean c'mon, if people can build a spaceship that lands on the moon then they should be able to produce a gun that doesn't fire with the safety engaged and no pull of the trigger.