1.7 million settlement for a guy who shot himself with NAA

Started by louiethelump, July-03-12 14:07

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louiethelump

A local hardware store just lost a law suit for selling a NAA mini to a man who they claim was not qualified to operate the complicated gun.  He managed to shoot himself in the leg with it about 7 years after he bought it when he dropped it on the floor and it seems did not have it in the safety notch.  It was in a holster grip.

   

   Interesting case.  Usually they sue the maker, not the seller.

   

   

   Here is the story:

   

   http://www.chronicleonline.com/content/kanes-hardware-held-liable-gun-case">http://www.chronicleonline.com/content/kanes-hardware-held-liable-gun-case
Louie
"Deeds; Not Words"

bud

The seller should sue him for being stupid.

   

   Accidents can and will happen, but to sue the seller for the accident----

   

   Obama and the United Nations need to outlaw guns, and this would never happen!

   LOL

22man

"....he never got an owner's manual..."

   

   that is the protection for NAA,,,,, and probably the biggest reason for the Hardwares loss.

   shame the seller didn't order and supply a manual with the presumably used gun.

   still,

   the guy carried the gun for 7.5 years

   and HE failed to properly secure the weapon by allowing it to fall from his back pocket

   HE could have killed someone

   instead a small business will probably shut down now

lohman446

"According to his lawyers, he was told at Kane's by a salesperson that to secure the gun, all he had to do was to bend the grip toward the trigger"

   

   If true does that change anything?  I personally assume all salestaff are non-experts and have sadly brought this over to the gun world as well.
"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun" - Tenzin Gyatso - the 14th dalai lama

tranquilo

Where does the gun buyer's responsibility to know his weapon come into play?  The  guy should sue himself for stupidity after the store wins their appeal.

blitzkrieger

This guy should have the life beaten out of him for resorting to a lawsuit for his own dumbass actions. And the dumbass judge for granting him a win.

   People like that make me sick!

louiethelump

Juries are sympathetic when someone gets badly hurt like that.

   

   Glock had to pay off a local lawyer that shot himself in the stomach with his Glock at the range when he tried to put it loaded into the tupperware boxes they used to pack them in that had the pin that went up through the trigger guard.  He collected and later became the public defender for the 6th Judicial Circuit.  That is where he is today.  You don't get much dumber than someone that will push a gun into a box with a pin in the trigger guard that is going to push the trigger back when you push it down in the first place, and then do it with the gun loaded and the barrel pointing at your own belly  to boot.
Louie
"Deeds; Not Words"

chopprs

.....I think he should sue himself. He would win even if he loses.

   ....anyone that STUPID could easily be convinced that this is a good idea!

   

   Too bad the gun did cap him......natural selection and all!

   

   ....I think I will go in the shop now and stab myself with a screwdriver and sue the hardware store instead of the manufacturer.....OR MYSELF!!!

blitzkrieger

And why stupidity as such feels entitled to compensation for mindless actions that result in themselves being injured is just a da*n shame and a HUGE problem with todays society.

heyjoe

its florida what do you expect?( i thought for sure it was going to be california)
It's too bad that our friends cant be here with us today

chopprs

...it all goes along with the Prostate, hemorhoid, yeast infection, jock itch and Athlete's foot commercials that are so innapropriate that they should be banned but we just laugh and tolerate tham. Our society has been trained to accept ridiculousness. I do not have or want or want to hear about any of these inflictions. If I had any of them I would ask my doctor. They have no place on television......we have been trained that ridiculousness is okay and now the norm. NOT IN MY BOOK!!!

lauraslookout

A+ on the commercials Chopprs!!! It's getting to where I turn the TV off during meals so I will not be nauseated by "let's get real about toliet paper" ads, bleeding vaginas, rectums,urinary tract infections and all those AARP endorsed commercials where the pitch guys look like sleazy salesmen lying so blatantly they can not sober up or they'd commit suicide for bilking fixed income folks out of their SS checks. JIM

Uncle_Lee

The manual was probably under the foam egg crate stuff in the case along with the lock, key, & fired case.
God, Country, & Flag

LET'S GO BRANDON ( he is gone to the beach )

millsriver

I predict that on appeal, the award will be dropped to something more reasonable, but not likely to have the outcome reversed. We live in a society of "victims". The first defense for anything bad that happens is "it is not my fault", then, "someone else is at fault" and my favorite "I am too stupid to take care of myself"
When the government fears the people, there is liberty. When the people fear the government, there is tyranny.
Thomas Jefferson

chopprs

......like the old fat lady on the school bus. The kids called her names so she got $600,000.00

   I have been looking at life the wrong way. I am gonna be a victim too. I could use a half mill!

louiethelump

We will get Uncle Lee to "accidentally" drop a loaded depends on your head.............

   

   

   That oughta be worth something....
Louie
"Deeds; Not Words"

chopprs


redhawk4

He shouldn't have had a gun anyway, guns are for men, a real man would see what happened as his fault and act accordingly.

   

   Regarding liability, why is the purchaser not responsible for the fact that having bought a gun he didn't know how to operate, he then chose to continue in his ignorance for 7 years before it caught up with him? How is that anyone else's fault? I could see him (in this screwed up world) having the outside chance of a case if he'd just bought it, but not after 7 years. Come on this whole decision is based on someone's anti gun politics, not in the law. The case also seems to rely on a lot of hearsay evidence provided by the plaintiff, he says he didn't get a manual, he says the employee told him how to operate it incorrectly - how can he prove any of that?

   

   Does this mean I can sue hardware stores where I bought the hammers that I've hit my thumbs with over the years?
Old Enough to Know Better - Still Too Young to Care

I "Acted the Fool" so often in School they made me get an Equity Card

RogueTS1

Amen on the note that today's society accepts and in most cases even embraces being ridiculous or silly as being normal or attractive qualities.

   

   Look at the majority of younger kids today and how they embrace the idea of being stupid or pictured as morons and think it is cool. I reference the success of the shows like "Jackas$" and how the youngsters rush to imitate.

   

   I remember when children sought to be cool by being successful, smart, strong and or successful at sports or some productive type of activity. Now it seems they strive to be ugly and or moronic to get approval of their peers. I think this mentality has a lot to do with where our country is at today.
Wounds of the flesh a surgeon's skill may heal but wounded honour is only cured with steel.

louiethelump

Probably yes.

   

   The issue is the JURY.  Our culture has reached a point that everyone wants to blame someone else for their problems, and many feel they are entitled to receive things.  The Jury obviously believed one side over the other.  That is what juries do.  They are triers of fact, not of the law.  The judge decides what they hear, they decide what they believe.

   

   For what it is worth, they may never collect that from the hardware store unless they had liability insurance.  Then it will come from the insurance company.  That MAY be what this is all about.  This is why I was surprised they did not go after NAA.  It is possible they discovered the store had a big liability policy, and this encourages suits as well.

   

   In FL, you get the judgement from the court, but you may have to fight to collect it.
Louie
"Deeds; Not Words"

redhawk4

+1 Roguets - I've expressed the same sentiments and observations many times.

   

   The rush to sue is also encouraged by the silliness of the courts, not many have any morals that can resist the opportunity to pick up (legally steal IMO) a few million. I recall posting a while back about the guy who poured gasoline into the stove in his travel trailer and successfully sued the gas can manufacturer when everything caught on fire and a child died as a result of his stupidity. I believe he got $3m. Like much that goes on in the world today it is just a reflection on the kind of people our society is creating.  

   

   It's a good job Newton is long dead, or he'd be continually getting sued for his work on gravity. Gravity causes a lot of accidents - I mean opportunities for litigation.
Old Enough to Know Better - Still Too Young to Care

I "Acted the Fool" so often in School they made me get an Equity Card

buck

I hate lawyers but I always thought those Glock boxes were a stupid design.  You should be able to store the gun loaded in its box if you want to.

   

   But yes, the lawyer was stupid not to figure out that it wouldn't work.

RogueTS1

It all comes down to looking at a situation. Who is actually responsible when something happens? Was it simply an accident? It seems that today when something bad happens, society seems to think that somebody else has to be blamed and punished to make it right. Sometimes bad things happen and nobody is really to blame but Fate.  

   

   Awards like such are supposed to be for when a product, being defective, does something really bad when being used as it was advertised to be used; not for when something bad happens due to the very nature of the tool or product and the misapplication of said item. (I am going to sue because the chain saw cut cut off my leg after passing through the tree limb I was cutting and hit my leg.) Well, of course it did. It did what it was designed to do; cut through things. Just because you were stupid enough to apply its design to your leg does not warrant recompense from the manufacturer or seller of said product.

   

   As Benjamine Franklin stated, "When the people discover they can vote themselves money it will herald the downfall of the Republic." I think we are at this point folks.
Wounds of the flesh a surgeon's skill may heal but wounded honour is only cured with steel.

bud

Should of had a warning sign like--

   Do not shoot yourself, may cause injury!

   

   

   

   Dumb and Funny Warning Labels On Products

   Liquid Plummer

   Warning: Do not reuse the bottle to store beverages.

   

   Windex

   Do not spray in eyes.

   

   Toilet Plunger

   Caution: Do not use near power lines.

   

   Dremel Electric Rotary Tool

   This product not intended for use as a dental drill.

   

   Arm & Hammer Scoopable Cat Litter

   Safe to use around pets.

   

   Bowl Fresh

   Safe to use around pets and children, although it is not recommended that either be permitted to drink from toilet.

   

   Endust Duster

   This product is not defined as flammable by the Consumer Products Safety Commision Regulations. However, this product can be ignited under certain circumstances.

   

   Baby Oil

   Keep out of reach of children

   

   Little Ones Baby Lotion

   Keep away from children

   

   Hair Coloring

   Do not use as an ice cream topping.

   

   Wet-Nap

   Directions: Tear open packet and use.

   

   Dial Soap

   Directions: Use like regular soap.

   

   Stridex Foaming Face Wash

   May contain foam.

   Hairdryer:

   Do not use while taking a shower.

   

   Old Spice Red Zone Deoderant

   Use only on underarms.Zantac 75

   Do not take if allergic to zantac.

   

   Sleeping Pills

   Warning: May cause Drowsiness

   

   Christmas Lights

   Warning: For indoor or outdoor use only.

   

   Bic Lighter

   Ignite lighter away from face.

   

   Komatsu Floodlight

   This floodlight is capable of illuminating large areas, even in the dark

Dinadan

I would hate to see NAA stamp a warning on the Mini like Ruger does. My Bearcat  

   and Sp101 just say:  

   

   "READ INSTRUCTION MANUAL"  

   

   but my new Single Six says  

   

   "BEFORE USING GUN - READ WARNINGS IN INSTRUCTION MANUAL  

   AVAILABLE FREE FROM STURM, RUGER & CO INC. SOUTHPORT, CONN. USA"    

   

   Be kind of hard to fit all that on a Mini barrel.

redhawk4

I think Glock should have been sued because their box design didn't kill the Attorney.

   

   Q. What do you call an attorney at the bottom of the sea?

   

   A. A start
Old Enough to Know Better - Still Too Young to Care

I "Acted the Fool" so often in School they made me get an Equity Card

ikoiko

Q:  What's the difference between a lawyer and a cat fish?

   

   A:  One's a scum sucking bottom dweller. The other's just a fish

theysayimnotme

You can't always blame the juries. The laws are crazy but the judge's instructions are often even worse.

   I was a juror in a case where a police car with lights & siren hit a car. If it were up to me I would say the driver was at fault so if anyone should sue it would be the Police.

   BUT the City of Los Angeles ADMITTED liability & our only job was to fix damages. The city attorney said $10,000 & the scum sucking bottom dweller said one million.

   We finally had to give him $60,000 to get nine votes because three jurors would not give him a dime. If two of them would have come on board we could have done it for fourty thousand.

   It was better to give him sixty thousand than to risk a new trial after the lawyer found out all three of the no money jurors were Asians. He would not make that mistake again. (The trial was soon after the Rodney King riots.)

   I've been on seven juries & the judge's instructions often defy any reasonable explanation.

redhawk4

Having been in the court room a couple of times you realize the average judge is not the calm interpreter of the law and logic you naively thought they were. Quite the opposite in most I've seen, it seemed they'd already decided who was guilty and were just trying to make the facts fit what they'd already decided.

   

   I found it very worrying indeed, should I ever be charged with something I didn't do, the chances of getting a fair trial are not good.
Old Enough to Know Better - Still Too Young to Care

I "Acted the Fool" so often in School they made me get an Equity Card

ArmedPatriot

Anyone who shoots themselves for anything short of the gun being faulty is an idiot who shouldnt be allowed to own or touch a gun.  

   I know a few idiots just like this guy. I wont be within half a mile of them if they're even remotely near a firearm.

louiethelump

Red:

   

   What do you mean "..I didn't do.."??

   

   You know you limeys are always up to something!!!!

   

   Sneaky %#$&tards!!

   

   
Louie
"Deeds; Not Words"

RogueTS1

Wounds of the flesh a surgeon's skill may heal but wounded honour is only cured with steel.

Uncle_Lee

"Anyone who shoots themselves for anything short of the gun being faulty is an idiot who shouldnt be allowed to own or touch a gun.  

   I know a few idiots just like this guy. I wont be within half a mile of them if they're even remotely near a firearm."

   

   You never know who you are next to in Wal-Mart........
God, Country, & Flag

LET'S GO BRANDON ( he is gone to the beach )

redhawk4

Even Sneaky Barstewards don't like being sent down for something they didn't do
Old Enough to Know Better - Still Too Young to Care

I "Acted the Fool" so often in School they made me get an Equity Card

arizona98tj

"BEFORE USING GUN - READ WARNINGS IN INSTRUCTION MANUAL

   AVAILABLE FREE FROM STURM, RUGER & CO INC. SOUTHPORT, CONN. USA"

   

   ......Be kind of hard to fit all that on a Mini barrel.

   

   

   I thought that was what micro-stamping was for.  ;)