Century Arms Sued for $5 Million over Defective AK-47 Safety Levers

[DunRanull]

Well, FWIW, I have owned more than a few AK-types (I say "types" cuz they are/were all semi-auto) Several each Chinese, Bulgarian, Zastava Yugoslavian, admittedly NEVER a Century Arms. All of these were "pre-ban" and part of my collection. That said, NONE of them have EVER had an accidental discharge, due to any cause. The deal about the safety lever rotating beyond it's intended "closed/safe" position seems like a lot of hooey. An unintended discharge from such a problem- or any other, just doesnt line up the facts and experiences of millions of users over the years. The charge that the original design AK is subject to that issue is bull- I'd like to see the evidence for this! S.E. Asia, Africa, Middle East- since the early 1950's- it just isnt a problem ya hear about. It certainly isnt an issue Ive encountered, even with the top cover removed and the rifle put into operation (just for the heck of it cuz I had read about some guy in a rag-tag group in Africa using an AK without a top cover). Even without the cover the safety arm stops moving when it should.
Could a thing like this happen with improperly assembled/manufactured rifles? Maybe, but it just isnt an issue the AK is known for. YMMV...

 

[tanzuki]

RULE # 1, ALWAYS MAKE SURE YOUR WEAPON IS UNLOADED BEFORE DISASSEMBLY OR CLEANING.
RULE # 2, WITH THE DUST COVER IN PLACE WHILE OPERATING YOUR RIFLE. THE SAFETY LEVER IS A NON ISSUE.

Why would ANYBODY being screwing around with the safety lever with the dust cover off while your rifle is loaded? Just plain stupid.

The story actually says they were at the range the guy went to engage the safety and the rifle discharged. So I gotta assume that the safety lever was able to rotate up past the dust cover. I can actually recall mine doing this(not discharging)at least once after I first received it. The lever was so stiff that you practically pry the lever out of the detent. So if prying on the lever it could possibly rotate past the dust cover.

 

[Boboclown]

If Century didn't use a full auto safety the discharge wouldn't have happened. One could say that its a moot point since it shouldn't have been able to go past the dust cover, but lets be honest here. Its from Century.

 

[revjen45]

So... a $5 million dollar accidental discharge that harmed nobody. Lawyers! I would say ambulance chasers, but in this case there was no ambulance to chase.

Then in this case we will refer to them as shysters.

 

[KeepnitReel]

I'm suing because my coffee burned me and there was no warning label saying it was hot. How was I suppose to know my hot coffee would be hot !

Stupidity is something that America continues to support. No one is responsible for their own actions.. It cost that guy a whooping 50 dollars to file the lawsuit, and hundreds of thousands for the manufacture to defend it.

I'm going to sue Colt because while my gun was loaded on the bench, I decided I want to use my propane torch to fix a stuck trigger pin, gun discharged , I immediately got out the owners manual and could not find any warning labels that says bullets exploded if induce with a bernzomatic model 333603 TriggerStart torch. Wtf colt, get your bubblegum together.

 

[DuneHopper]

It does seem that CA is the only one that designs it this way. However many firearms have the ability to be unsafe if you are being a dumb arse. I have one such firearm a police issue that has no safety on it of any kinda nada and its made that way for a reason. Dissembling my firearms or attempting to without being cleared would be beyond stupid. I have held these AK-47 by CA don't own one of those particular AK-47 but the safety stop good and solid on the dustcover.
For it to discharge would mean user error to accomplish that flaw. Could they designed do idiots don't do something stupid yes and they do, I have 22LR hand guns dear God it has more safety on it the I have ever seen. It has a mag lock, trigger lock, a hammer lock and and a lock for the whole in the magazine. I think one would be long dead trying to disable all those safety procedures. This has all the potential safety on it, my LE issue has none which one is more apt to get me killed ? I digress, the AK is built fine at CA, could they cut the piece out so idiots do not get hurt taking a loaded gun apart or assembling it wrong? Sure, but this is stupid. Its not a safety flaw in the gun, its a safety flaw in the user. My two cents.

 

[billstaf]

Century Arms Sued for $5 Million over Defective AK-47 Safety Levers

Posted: 2/9/16
View attachment 277215
Century Arms, known for their AK-style firearms, is now being sued for an alleged defect in their safety selectors.

A man in St. Louis has filed a class-action lawsuit against Century International Arms over allegations that certain AK-47 rifles by the manufacturer came with defective safety selectors. According to the complaint, which was filed late last month in the US District Court for the Southern District of Florida, lead plaintiff J. Steven Erickson alleged that Century Arms failed to disclose a defect with their safety levers and attempted to conceal the problem. Erickson, who owns a Century Arms rifle, says that when the safety selector is placed above the dust cover, it contacts the disconnector, causing the hammer to release and the rifle to discharge.

"Despite actual knowledge of the Safety Selector defect, Century has never issued a warning to the public or recall of the Class AK-47 Rifles," the lawsuit stated. "Century continues to falsely represent to the public that the Class AK-47 Rifles are safe and reliable. In fact, Century is aware that the Class AK-47 Rifles have fired as result of the Safety Selector defect, and it is only a matter of time before individuals are seriously injured or killed."

Interestingly enough, the lawsuit specifically mentions a YouTube video pointing out the alleged flaw, which you can watch below:

According to the complaint, Erickson purchased a Century Model 1980 chambered in 7.62x39mm in 2011. When he took the rifle to a range in 2015, Erickson witnessed the weapon being discharged as another patron was handling it back to him. This occurred when the safety selector advanced past the safety position and touched the disconnector, dropping the hammer and firing the rifle.
"Fortunately, the bullet or projectile from the Class AK-47 Rifle struck no human," stated the lawsuit.

News of the lawsuit caused some debate among gun-related forums, and included many rifle owners who called the suit frivolous. They argue that not only is the issue inherent in the original design of the AK-47, but that the problem usually only occurs when the dust cover is either removed or damaged. The particular quick of the safety lever being able to discharge a AK-47 is considered to be widely known and has been discussed at length within the gun owning community.

Supporters of the lawsuit however, say it is a worrying defect that should have never made it past quality assurance inspections in the first place. Representing the plaintiff is attorney Angelo Marino, who famously helped win a class action lawsuit against Taurus International over alleged handgun trigger defects. Marino was able to secure a $30 million settlement in that case. In the lawsuit against Century Arms, he is seeking $5 million.

Models 1960, 1908, and the M70 were specifically mentioned. The lawsuit adds that Century Arms changed the safety selector on its current models so that the defect no longer occurs.
http://www.outdoorhub.com/news/2016/02/09/century-arms-sued-5-million-defective-ak-47-safety-levers/

I have a new Century Arms AK. It is the C39V2 version (build date Dec 2015). The safety issue has been resolved on this rifle and the safety will not rotate above the dust cover whether or not the dust cover is in place. The lawsuit seems like a simple money grab to me unless someone was hurt or killed when the weapon discharged. I do not know if the RAS47 version (with a stamped receiver) still has the safety issue.

 

[dude23]

Century Arms Sued for $5 Million over Defective AK-47 Safety Levers

Posted: 2/9/16
View attachment 277215
Century Arms, known for their AK-style firearms, is now being sued for an alleged defect in their safety selectors.

A man in St. Louis has filed a class-action lawsuit against Century International Arms over allegations that certain AK-47 rifles by the manufacturer came with defective safety selectors. According to the complaint, which was filed late last month in the US District Court for the Southern District of Florida, lead plaintiff J. Steven Erickson alleged that Century Arms failed to disclose a defect with their safety levers and attempted to conceal the problem. Erickson, who owns a Century Arms rifle, says that when the safety selector is placed above the dust cover, it contacts the disconnector, causing the hammer to release and the rifle to discharge.

"Despite actual knowledge of the Safety Selector defect, Century has never issued a warning to the public or recall of the Class AK-47 Rifles," the lawsuit stated. "Century continues to falsely represent to the public that the Class AK-47 Rifles are safe and reliable. In fact, Century is aware that the Class AK-47 Rifles have fired as result of the Safety Selector defect, and it is only a matter of time before individuals are seriously injured or killed."

Interestingly enough, the lawsuit specifically mentions a YouTube video pointing out the alleged flaw, which you can watch below:

According to the complaint, Erickson purchased a Century Model 1980 chambered in 7.62x39mm in 2011. When he took the rifle to a range in 2015, Erickson witnessed the weapon being discharged as another patron was handling it back to him. This occurred when the safety selector advanced past the safety position and touched the disconnector, dropping the hammer and firing the rifle.
"Fortunately, the bullet or projectile from the Class AK-47 Rifle struck no human," stated the lawsuit.

News of the lawsuit caused some debate among gun-related forums, and included many rifle owners who called the suit frivolous. They argue that not only is the issue inherent in the original design of the AK-47, but that the problem usually only occurs when the dust cover is either removed or damaged. The particular quick of the safety lever being able to discharge a AK-47 is considered to be widely known and has been discussed at length within the gun owning community.

Supporters of the lawsuit however, say it is a worrying defect that should have never made it past quality assurance inspections in the first place. Representing the plaintiff is attorney Angelo Marino, who famously helped win a class action lawsuit against Taurus International over alleged handgun trigger defects. Marino was able to secure a $30 million settlement in that case. In the lawsuit against Century Arms, he is seeking $5 million.

Models 1960, 1908, and the M70 were specifically mentioned. The lawsuit adds that Century Arms changed the safety selector on its current models so that the defect no longer occurs.
http://www.outdoorhub.com/news/2016/02/09/century-arms-sued-5-million-defective-ak-47-safety-levers/

While the design could definitely be improved (like most things) it's the "nut behind the gun" that needs adjusting for the firearm to be safe (as long as the gun itself is a proven design & well maintained).

What this really highlights is the severe lack of REAL GUN SAFETY! I don't mean gun bans or propaganda spreading hoplophobia, I mean education of proper safe handling of firearms.

It seems many parents haven't taught their children proper gun safety & most people have probably not taken the NRA/junior hunters safety course (even less likely for an adult to take the adult version due to embarrassment of being uneducated).

In addition many new gun owners are first generation & never had a good teacher and/or have picked up bad habits from friends or watching funny videos on youtube like MattV2099 shooting his AK with the dust cover off & a fruit cake or sub sandwich in the action.

 

[dude23]

It seems their are three types of takes on gun safety:

1. The over zealous Safety Sally / Recovering Hoplophobe that is obsessing over every possible safety scenario to the point of absurdity. In some situations this can be fine, but it can also take attention from reasonable safety concerns or make you so nervous about shooting you're more likely to have an accident.

2. The negligent know-it-all who can't be told his actions are unsafe because he's a an ex-Super Secret Squirrel or he learned from his uncle who was the most decorated LEO or competitive shooter in the world & always knows how to safely handle guns (as he proceeds to paint every member in the group with his muzzle multiple times).

3. The reasonable safety conscience gun owner. They learned firearms safety from a good teacher (no matter when they learned, young or old) & are proactive in learning best practices to keep it up. They observe the 4 rules of firearm safety like the Ten Commandments (or at least try to the best of they can). And most important of all, when they make a mistake they admit it & take measures to improve safety.


This guy & his buddy that had the ND when handing him the AK, seems like a little of all three.

 

[rdb241]

I'm suing because my coffee burned me and there was no warning label saying it was hot. How was I suppose to know my hot coffee would be hot !

Stupidity is something that America continues to support. No one is responsible for their own actions.. It cost that guy a whooping 50 dollars to file the lawsuit, and hundreds of thousands for the manufacture to defend it.

I'm going to sue Colt because while my gun was loaded on the bench, I decided I want to use my propane torch to fix a stuck trigger pin, gun discharged , I immediately got out the owners manual and could not find any warning labels that says bullets exploded if induce with a bernzomatic model 333603 TriggerStart torch. Wtf colt, get your bubblegum together.

You live in Washington. Have you seen the new road construction signs that say, "Motorcycles use extreme caution"? That is a result of some poophead riding his motorcycle through a construction zone, not paying any attention to his surroundings or the road in front of him. Laid his bike down and suied the state for damages because there was not a sign specifically warning motorcycles of potential hazzards and won!

 

[Lilhigbee]

The fact that these people sue is bad enough, but the fact that they win is tragic!

 

[KeepnitReel]

I got to say , some of the road construction here can damage your car, so I can see why it happen to a motorcycle. I'm not saying it was his fault or not. But if I was on my bike at night and never been down a road that had some bad road construction being done, I would have been ejected off my bike for sure !!!!!! Some amazing roads here and then others I just shake my head at while dodging curb size undulations!!!!!

You live in Washington. Have you seen the new road construction signs that say, "Motorcycles use extreme caution"? That is a result of some poophead riding his motorcycle through a construction zone, not paying any attention to his surroundings or the road in front of him. Laid his bike down and suied the state for damages because there was not a sign specifically warning motorcycles of potential hazzards and won!

 

[rdb241]

Yeah I can see some back road construction at night might be a problem. If I remember right, the incident happened on a state highway. I am not sure if it was day or night.

 

[Nexus7]

If it's an inherent design flaw accepted across the industry then the case will get tossed. If CA is found to have intentionally concealed of misled then it may hold water.

This can't happen on a real AK because of the safety seer. It can't happen on the vast majority of American AKs because importers and builders either notch the selector lever or use a disconnector with no tail. It is made worse that they omitted these features on a Yugo which also does not have the ribbed and flared AKM and later cover which provides a more positive stop for selector travel. They deviated from what is pretty standard practice in the industry and there might be a valid case against them. It's still true that keeping it pointed in a safe direction at all times should avert a tragedy, and that's just basic gun safety, but Century did screw up a safety feature and maybe that makes them vulnerable to litigation--dunno! not a lawyer over here!


...sorry for the necropost...

 

[tanzuki]

I'll be honest and say when I first got my CAI AK the safety was so freakin tight and stiff that I had to practically pry it out of the detent. In doing so the fire time I did it it rotated up past the stop where the dust cover should stop it. Now in my case it wasn't loaded so no issues with mine and honestly I wouldn't have even been aware that it could of been an issue. No the lever is fine and worn in nicely so it's not a concern of mine to say the least.

 

[Pops1911]

Frivolous lawsuits. America's new lottery. My CIA AK works just fine. However the safety lever left a big cut on my thumb while first attempting to engage it. Should I sue? There was no warning label that the safety lever was sharp! LOL Please, no contacts by attorneys wanting to represent me in a new class action suit. It's only a JOKE!

 

[ZA_Survivalist]

You know what, I own a few century AKs.. I'm willing to look past this whole silly lawsuit if they just want to send me a M 90 rifle without the stupid polymer adapter so I can use all my am 85 steel magazines. Hell even if they send me a parts kit I'll be a happy camper