Former PO Files Lawsuit After N/D In Gun Shop

[Zappa]

GLASGOW, Ky. (WBKO) -- A former Glasgow police officer is suing a Barren County gun store after being handed a loaded gun from under the counter and accidentally shooting his finger off.

According to a civil lawsuit filed Friday, former Glasgow police officer Darrell Smith went into Barren Outdoors back in March and asked to see a .380 caliber handgun.

He then held the gun after receiving it from under the counter. Smith began to examine the gun and then cocked it. The gun was actually loaded and fired, shooting off part of Smith's index finger.

http://www.wbko.com/home/headlines/VIDEO-Former-GPD-Officer-Sues-Gunstore-After--288172101.html

The lawsuit claims the Barren Outdoors employee didn't do a safety check on the gun, and therefore Smith is suing for negligence.

And how many safety rules did the cop ignore before blowing off his finger.

#1. Always assume a gun is loaded.

#2. Always check for yourself to make make sure it's unloaded.

#3. Always keep it pointed in a safe direction.

#4. Never point a gun at anything you don't intend to destroy.

What would happen if this cop took a loaded gun away from a perp during an arrest and blew off a finger, would he sue the perp for negligence too ???

Remember, cops are the only ones professional enough to handle guns safely.

 

[drgrant]

Lawsuit is gay but handing someone a loaded gun without clearing it (or at least telling them it might be loaded) is pretty negligent. Looks like multiple levels of fail here. Dumb shop and an even dumber customer.

 

[mibro]

Lawsuit is gay but handing someone a loaded gun without clearing it (or at least telling them it might be loaded) is pretty negligent. Looks like multiple levels of fail here. Dumb shop and an even dumber customer.

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

 

[Quiet]

http://www.wbko.com/home/headlines/VIDEO-Former-GPD-Officer-Sues-Gunstore-After--288172101.html



And how many safety rules did the cop ignore before blowing off his finger.

#1. Always assume a gun is loaded.

#2. Always check for yourself to make make sure it's unloaded.

#3. Always keep it pointed in a safe direction.

#4. Never point a gun at anything you don't intend to destroy.

#5. Pulling the trigger while your own finger is in front of the muzzle.

What would happen if this cop took a loaded gun away from a perp during an arrest and blew off a finger, would he sue the perp for negligence too ???

Remember, cops are the only ones professional enough to handle guns safely.

FIFY

 

[drgrant]

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

It does but there's no way in hell if I was on the Jury that id give that retard a dime beyond medical expenses.

 

[Glockster30]

Lawsuit is gay but handing someone a loaded gun without clearing it (or at least telling them it might be loaded) is pretty negligent. Looks like multiple levels of fail here. Dumb shop and an even dumber customer.

This x1,000.

From the video, it appears that the PO racked the slide at about 00:43 seconds and pulled the trigger one or two seconds later. When the gun fired, it was pointed at two or three people standing about 12' to the left of the PO. I don't understand why the PO would place his index finger at the muzzle on his weak side while pulling the trigger, but that may have been enough to prevent one of the other people from being shot.

 

[Hoover]

From the article.

We've reached out to Barren Outdoors. At this time they have no comment.
Above you can see the uncensored surveillance video where Smith accidentally fires the weapon.

Um, I wouldn't describe someone racking the slide and pulling the trigger as "accidentally firing the weapon".

The other people in the store are very lucky they didn't get shot. He was pointing the thing all over. Safety rules are simple and easy to follow. Sorry for his injury but he was very careless, ditto the shop employee.

 

[jho]

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

Technically it's never a safe assumption that a gun is unloaded.

But yes it is reasonable to expect a gun shop worker to clear a gun before handing it over. I'm pretty sure that cop will get a sweet settlement. But will it be enough to buy his dignity back?

Both people made this assumption. One finger paid the hefty price!


Sent from my iPhone using Tapatalk

 

[FrugalFannie]

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

I have taught my son to ALWAYS clear a firearm himself. Even when I clear a gun and then hand it to him, he clears it also. Two is one and 1 is none. I have never been handed a gun in a LGS that was not cleared with the action locked open. And I still remove the magazine (if it's present) and physically inspect the chamber.

 

[Mr. Gold]

He then held the gun after receiving it from under the counter. Smith began to examine the gun and then cocked it. The gun was actually loaded and fired, shooting off part of Smith's index finger.

That's my favorite part. When Guns get their own actions and identity. The plaintiff did not fire the gun, the GUN fired.
The officer did not sever his own finger, it was the GUN who done so.

Guns, if you need them, will also make a beer run for you, tuck your kids in and also do your 9 hour shift at the job you don't like.
Guns are just great, that is, when they don't go around severing people's fingers off.

 

[jibbr71]

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

I'm sorry, but no. Exhibit #1

And how many safety rules did the cop ignore before blowing off his finger.

#1. Always assume a gun is loaded.

#2. Always check for yourself to make make sure it's unloaded.

#3. Always keep it pointed in a safe direction.

#4. Never point a gun at anything you don't intend to destroy.

What would happen if this cop took a loaded gun away from a perp during an arrest and blew off a finger, would he sue the perp for negligence too ???

Remember, cops are the only ones professional enough to handle guns safely.

I agree that there was a lot of active stupid going on here, but it was not negligent on the part of the gun store employee.

 

[Rob Boudrie]

One of my most memorable experiences at the range is being handed an HK91 in the parking lot and told to check out the sweet trigger. When a round fell out when I cleared the chamber, I just smiled and said "Yeah, I know, you were just testing me".

I agree that there was a lot of active stupid going on here, but it was not negligent on the part of the gun store employee.

Yes it was - but there is plenty of fail to go around. When you hand someone a gun, it's your responsibility to make sure it is unloaded (or to advise the person it is loaded if the circumstances dictate transfer of a loaded gun)

 

[icyclefar]

Not one thin dime .......... zero ............. zip ............. nada ........... nothing

 

[mclina]

Not one thin dime .......... zero ............. zip ............. nada ........... nothing

 

[icyclefar]

When you hand someone a gun, it's your responsibility to make sure it is unloaded (or to advise the person it is loaded if the circumstances dictate transfer of a loaded gun)

I agree, but it reminds me of instructing my now 19yo about gun safety back when he was about 9yo. I told him NEVER rely on what someone else has told you, check for yourself.

 

[Terminator03]

From the article.



Um, I wouldn't describe someone racking the slide and pulling the trigger as "accidentally firing the weapon".

The other people in the store are very lucky they didn't get shot. He was pointing the thing all over. Safety rules are simple and easy to follow. Sorry for his injury but he was very careless, ditto the shop employee.

This is the bottom line right here! WTF was he doing sweeping other people, even if he KNEW FOR SURE IT WASN'T LOADED? Every gun store that I personally deal with, checks the chamber and hands me the gun with the action open. Even with that being the case, I ALWAYS verify it myself, then ask if it is ok if I dry fire to "feel" the trigger. If they say yes, I ALWAYS aim in a safe direction before actually pulling the trigger, but what do I know? I'm just one of those peasants that is not expert enough to handle a gun like 5-0 can.

 

[crazymjb]

I know in the military both parties are taught to clear a firearm when passing it off... and to verbalize it. Both parties are stupid here... but since hes a cop I place some blame on him. Some joe shmoe off the street would be completely in the right cause they simply may not have known better. For that reason, I think the shop is partially responsible.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...

 

[willbdavis]

Add me to the chorus. Always check for yourself. Never take someone else's word that the gun is "safe."

That being said, dumb and dumber regarding the store clerk and the PO. Not a dime.

 

[allen-1]

The shop was at fault and the officer was at fault.

The first rule of gun safety is that EVERY GUN IS LOADED. I've watched people rack the slide in front of me, and then I've promptly checked to make sure no mag in and racked the slide myself as soon as its in my hands. You can get away with ignoring one rule of gun safety, break two or more and somebody's very likely to get hurt or dead.

With improved actions these days, there's really no such thing any more as an "accidental discharge", they're "negligent discharges" with a few exceptions such as Remington's infamous 700 action.

 

[In God We Trust]

Anytime i have ever been handed a gun in a gunshop, the employee has first locked the slide to the rear.

 

[Scott7980]

When I took my safety coarse the instructor just got done telling us always assume all weapons are loaded and any time you pick one up always check. Then starts grabbing guns off the shelves never checking and starts pointing around the gun

 

[DrBurnsides]

That's my favorite part. When Guns get their own actions and identity. The plaintiff did not fire the gun, the GUN fired.
The officer did not sever his own finger, it was the GUN who done so.

Guns, if you need them, will also make a beer run for you, tuck your kids in and also do your 9 hour shift at the job you don't like.
Guns are just great, that is, when they don't go around severing people's fingers off.

My guns just did my taxes.. Although I'm not trusting the math from the revolvers.. I think they work in base 6.

 

[drgrant]

I agree that there was a lot of active stupid going on here, but it was not negligent on the part of the gun store employee.

Huh? The shop/employee most certainly was negligent. What do you think is gonna happen when someone testifies that it's SOP at nearly every gun shop for the clerk to do an unload/clear before handing a handgun to a customer? The other legal problem from a negligence aspect here is the gun shop employee literally touched this gun, and handed it to the retard who promptly shot himself with it. In civil suits, how "intimately" the defendant was involved with the incident is imperative in determining fault. In this case they literally touched the gun like not more than a minute before they handed it to this guy. If this event had not had happened (say the guy picked the gun off a shelf on his own or picked it up off the floor of the shop) the entire case fails because the degrees of separation increase.

It's also worth noting that at least in MA, juries on a civil suit get a lot of leeway in determining compensation. It's also possible for the jury to do fun things like say that someone is negligent, but award the plaintiff absolutely nothing, or only very little if they want.

In stating this I'm not saying this idiot wasn't negligent himself, of course he was... but have fun convincing joe averageperson that the shop/employee wasn't, either.

-Mike

 

[mibro]

I agree that there was a lot of active stupid going on here, but it was not negligent on the part of the gun store employee.

I'd be willing to bet a jury will disagree.

I've watched that video a few times now and it just seems like the two of them were dumb and dumberer. Amazing that a so-called professional (the ex-cop) could be so clueless.

Also, where did the bullet go? The people at the end of the counter had a helluva narrow escape. The bullet may have passed between them over the countertop.

 

[jibbr71]

Let me qualify my statement Mike. The employee was stupid, but reasonable care on the part of the customer would have prevented the issue. You're absolutely right, the average idiot will think the employee negligent for handing him a loaded gun, while I (and possibly you) think that onus for safety lies with the idiot who pulled the trigger.

As an aside, I've just finished jury service in a case concerning criminal negligence, and the bar is set considerably higher in that case. I didn't realize how much higher until we went to deliberation.

I, using that dreaded common sense, could see negligence on the part of the "professional", particularly if someone had been struck by the bullet.

 

[Woodstock]

Once the gun is in your hands, you own whatever happens next, especially if you rack the slide and pull the trigger.

 

[Aaron[MA]]

Negligent retards, the lot of them.
Loaded gun in the display case?! FAIL
Neither person who handled the gun checked/cleared it?! FAIL
Pulling trigger without having cleared it AND without pointing in a safe direction?! ULTIMATE FAIL.

They're both at fault, but the ex-cop is the biggest loser, IMHO.

Edit: and for a "former" PO, he sure appears to be wearing a PO's uniform...

 

[Quiet]

Edit: and for a "former" PO, he sure appears to be wearing a PO's uniform...

He's also a former ten fingered man, too.


I know a very small shop that has handed guns over the counter unchecked. Just reached in and handed me a pistol with a magazine in it, unchecked. This was during the panic and happened more than once and on two different occasions.

Just as they are probably nervous when a customer hands them a gun and says: "It's unloaded" I was equally nervous if not more, looking for a direction to point as I cleared the gun in the tiny and crowded shop. I haven't been back since, although not for that reason alone.

 

[mibro]

One of my most memorable experiences at the range is being handed an HK91 in the parking lot and told to check out the sweet trigger. When a round fell out when I cleared the chamber, I just smiled and said "Yeah, I know, you were just testing me".

Thirty years ago I was drinking with a work buddy at his home. He was fairly intoxicated, me not so much, when he pulled out a semi-auto pistol and started waving it around. I just took it out of his hands and although there was no mag in it, when I cleared it out came a round. I have often wondered if I had been more polite and respectful of his feelings if one of us - probably me - would have been shot that day.

 

[MisterHappy]

Last time I handled a pistol in a gun shop I asked the person who handed it to me if he'd cleared it and he looked at me like I was retarded. Cleared it myself anyway.

I think it's a reasonable assumption to make that when someone hands you a pistol in a gun shop that it's not loaded. So I'd say the lawsuit has merit.

Now if only the cop had learned to never put his hand over the muzzle.

You go to hand me a gun (hand or long) that is not open, I'll not take it.