Judge dismisses personal injury case against Smith & Wesson
A Smith & Wesson Bodyguard .380 pistol equipped with laser sights. (Photo: GunsAmerica)
A federal judge reasoned Smith & Wesson was not at fault in a personal injury case in which a pistol accidentally discharged causing a man to lose a finger.
U.S. Judge Todd Campbell followed recommendations from the court when he dismissed the case, according to his order issued Sept. 16 from a Nashville federal court.
A Tennessee couple, Randy and Vicki McNeal, sued the Massachusetts’ gun maker for more than $75,000 in January. According to their complaint, Randy McNeal was shot in the finger as he attempted to make the gun safe inside a gun store in Murfreesboro, a town just outside of Nashville. They claimed a loose screw on the built-in laser sight of their Bodyguard .380 pistol prevented the slide from locking in position.
The couple’s lawsuit says McNeal dropped the gun as he tried to lock the slide back, which he was having trouble because the screw obstructed the locking mechanism, and the gun discharged when he tried to catch it. In the aftermath, he needed the small finger on his left hand amputated.
The court’s report cited past rulings stating an injury is not proof of a defective product, a product failure or malfunction does not necessarily make a company liable, and the company has no duty to create an “accident proof” product.
“The inquiry, therefore, is not whether the product itself caused the injury, but rather, whether the alleged design defect of the product caused the injury,” the report says.
The report says the McNeal’s argument failed to connect the loose screw to the accidental discharge. “Because the loose screw did not cause (McNeal) to drop the firearm, it can not be said to have caused the accidental discharge,” the report says.
The post Judge dismisses personal injury case against Smith & Wesson appeared first on Guns.com.
Source: http://www.guns.com/2016/10/04/judge-dismisses-personal-injury-case-against-smith-wesson/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Visits: | 1,708,647,295 |
| Stories: | 8,450,881 |
Whistler Blowers, Insiders
