Texas Personal Injury News

Monday, March 28, 2016

Texas Man Files Product Liability Lawsuit against Gun Manufacturer Following Loss of Leg

Consumer product manufacturers are under a heightened duty to ensure their goods are safe and hazard-free. If a product is dangerous, with the potential to cause injury, manufacturers design the product in the safest way possible to help minimize the risk of severe, catastrophic injuries, and must issue clear warnings as well.

With extremely dangerous items, like guns or explosives, manufacturers are under what is known as a “strict” product liability standard –- or, the product is so inherently dangerous, the plaintiff will prevail in his or her lawsuit regardless of any applicable defenses to the plaintiff’s allegations.

Relying on these principles, a Texas man recently filed a product liability lawsuit against Remington, the gun manufacturer, after losing his leg to an accidental gunshot wound. According to the allegations, a defect in the man’s hunting rifle –- known as the “Model 700” – caused the gun to discharge unexpectedly.  More specifically, the man alleges he was sitting in the passenger seat of a vehicle while on a hunting trip with friends. Immediately preceding the injury, a friend handed him the rifle – muzzle side down – after which he transferred the gun from his right side to the left. In so doing, the gun went off, striking the man’s right leg, and ultimately requiring an amputation.

Remington rifles have been named in an onslaught of lawsuits, particularly pertaining to problems with the trigger—which is known to discharge the weapon without actually being pulled. More specifically, the lawsuit alleges that a bolt located near the trigger will cause the gun to discharge when simply tapped or bumped, creating an exceedingly dangerous situation for consumers.

Recently, Remington settled a series of trigger-defect lawsuits involving its previous design known as the “Walker Fire Control.” Its replacement trigger design, known as the “X-Mark Pro” has been subject to substantially fewer lawsuits, but consumers are claiming defects with the new design nonetheless.

If you are facing a recent injury with a consumer product, including an appliance, automobile or firearm, contact an experienced and skilled personal injury attorney promptly to discuss your legal options to obtain compensation.

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