Former PO Files Lawsuit After N/D In Gun Shop

[PATRON]

There was a whole lot of stupid going on there.

 

[josh2600]

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.

I get looks sometimes b/c I'll go pretty out of my way to make sure I don't muzzle anyone, even if the action is open. (Like in a crowded store or whatever) Gives me the heeby jeebys.

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

What if I point it at you?

 

[BattleSnail]

at the end of the day the onus is on the person fondling the gun when it "goes off". Assume it's loaded. Keep booger hook off the bang switch. Not really that hard. This case ought to be thrown out.

 

[mibro]

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

Yup. All I'm saying is when a store employee in a gun shop hands you a pistol with a closed action and you clear it, you will be surprised when a round flies out of the ejection port. I know I would be because I would expect it to be unloaded.

A jury of non gun people will be unlikely to assign 100% of the fault to the cop/ex-cop.

 

[Admin]

http://www.liveleak.com/view?i=30b_1421174383

Video evidence that the LEO is an idiot

 

[M1911]

Should the gun shop have handed over a loaded gun? No. But once a gun is my hand, it is my damn responsibility to keep it pointed in a safe direction and verify its load status, each and every time.

The guy is a moron and I have no sympathy. His hand is not a safe direction. His head might be, however.

 

[Admin]

Should the gun shop have handed over a loaded gun? No. But once a gun is my hand, it is my damn responsibility to keep it pointed in a safe direction and verify its load status, each and every time.

The guy is a moron and I have no sympathy. His hand is not a safe direction. His head might be, however.

Any different than her handing him a knife and him running his finger down the blade and getting hurt?


If someone hands you a gun and you pull the trigger without checking the chamber, well. It looks like the chamber was empty but the mag had a round our rounds in it and he actually chambers the round. At least it looks like he does in the video.

 

[drgrant]

Wow, its a 2 person numbskull convention. To top it off, the guy who handed him the gun looked like he was taking a nap while standing.

-Mike

 

[Admin]

Wow, its a 2 person numbskull convention. To top it off, the guy who handed him the gun looked like he was taking a nap while standing.

-Mike

LOL, I thought it was an old lady behind the counter, but you're right it looks like a dude.

 

[Bonesinium]

I'm betting that there were THREE people involved in this chain of stupidity. The guy who shot himself in the finger. The person who handed him the gun without clearing it. And lastly (or firstly), the person who put the gun in the case with a loaded magazine in it, which was may have been someone else.

There is almost always a chain of events that lead up to any mishap. Several people were involved that could have prevented this. What the heck was the gun doing there with ammunition in it in the first place! Why is the clerk not checking it before handing it to a customer! Who the hell points a gun at themselves and pulls the trigger, not to mention doing all that not only having NOT cleared it, but after actually LOADING it?!

Lots of stupid to go around in Barren County it would appear.

 

[IPSC_DRL]

Not enough face-palms for this one. Love the weasley way they write the story to try and absolve the idiot Barney.

I'm just glad I was not one the the four people he repeatedly pointed a loaded firearm at.

 

[FrugalFannie]

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

This is a good point. The 'customer' racked the slide, loading a round into the chamber, and then actually pulled the trigger while placing his hand in front of the barrel and pointing in the direction of other customers. A good lawyer may be able to convince a jury that both 'parties' were equally at fault and thus no damages are awarded.

 

[Mike 53]

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

^^^^^^^^^THIS^^^^^^^^^^^

 

[FrugalFannie]

I would be curious as to what the store's SOP is regarding putting guns into the display case. When was the last time someone had their hands on that gun and put it into the case? Is it possible some nut job slipped a round into the magazine prior to this and it went into the display case unchecked? Personally, I think I would be scouring the video tape for a few days leading up to this.

 

[Rob Boudrie]

This is a good point. The 'customer' racked the slide, loading a round into the chamber, and then actually pulled the trigger while placing his hand in front of the barrel and pointing in the direction of other customers. A good lawyer may be able to convince a jury that both 'parties' were equally at fault and thus no damages are awarded.

That's not the way it generally works. The courts often work on contributory negligence - 50% at fault; you owe 50% of the damages. At other times, the courts will use a joint and several approach - anyone even partially responsible for the damages is liable for the entire thing if the other parties cannot cough up their share (the deep pockets approach).

Liability can be established using "but for" logic - if the injury would not have occurred but for party A's negligence, the fact that party B would not have been injured if he was not also negligent does not necessarily protect party A from paying a contingency fee.

The only time "equally at fault" protects the parties is in a MA insurance surcharge decision (no penalty for either party of 50/50 fault).

 

[drgrant]

The reality in MA is juries can do whatever the hell they want on civil cases. Even if the suit is complicated there is nothing stopping the jury from putting a big fat 0 in some of the boxes on that sheet. The problem of course is lawyers... its way too easy for people to suck for settling or arbitration because of the retarded amount of legal fees. It's too tempting to buy your way out and be done with it. Even if the defendants are moderately well off.

 

[Rob Boudrie]

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.

+1.

Also, never rely on your memory. Always assume every gun you take out of your safe is loaded until you check it.

"He’s permanently disfigured, he went through a lot of pain and suffering,” said his attorney, Alan Simpson. “He’s gone through several surgeries. He’s got a lot of medical bills that have to be paid. It ended his career and he’s going to have a lot of lost income."

Ended his career? They could always transfer him to the gun licensing unit. Oh wait, this is KY - the state that angered a KSP friend when they went from F- to F on the brady scale (his exact words "I want that minus back")

 

[CrackPot]

Remember, someone ELSE is always responsible for anything bad that happens to you. ALWAYS. Find a deep pocket and sue.

People feel no shame in blaming someone else.

 

[coachjpg]

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

This is as it should be. That said, I've seen a lot of unsafe gun-handling in gun shops.

 

[coachjpg]

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

Exactly. That is evidence of proper training.

I teach my students that if someone hands them a gun with the action closed, there are 2 possibilities:

1. The person is an idiot.
2. They're testing you to see if you have the training to know not to accept a gun unless the action is open and cleared.

If someone hands them a gun with the action closed, I teach them to say that their coach would beat them with a target frame if they accepted a gun with the action closed. Then I tell them to leave and find a place where they can shoot with non-idiots.

 

[cmacclel]

Than never would have happened in MA as we have a loaded round indicator




Sorry I had too!

 

[Quiet]

Than never would have happened in MA as we have an effective loaded round indicator




Sorry I had too!

fify



(please note I colored it in red because adding the words and making them in italics may not be considered effective)

 

[mbullism]

In the audio'd version of the video you can clearly hear the cop asking if "this is where the boolits come out" while pointing to the hole in the end...


[/sarcasm]

 

[Terminator03]

In the audio'd version of the video you can clearly here the cop asking if "this is where the boolits come out" while pointing to the hole in the end...


[/sarcasm]

Well, I guess he answered his own question!

 

[StevieP]

The only time "equally at fault" protects the parties is in a MA insurance surcharge decision (no penalty for either party of 50/50 fault).

Not to de-rail the topic, but I'm truly surprised the insurance companies haven't found a way to surcharge both drivers in this situation.

I now return you to your previous drivel.

 

[bocan3]

He was trying to make a point, but couldn't quite put his finger on it.

 

[Rob Boudrie]

The reality in MA is juries can do whatever the hell they want on civil cases.

So do judges

 

[coachjpg]

http://www.policeone.com/legal/arti...ter-pistol-discharges-in-gun-store-files-suit

Bowling Green-based attorney Alan Simpson, who filed the lawsuit on Smith's behalf, told the Daily Times on Monday that his client has had multiple surgeries and has lost enough functionality in his left hand that he can no longer work as a police officer. Smith lost one finger completely, as well as "pretty much the use of a second finger," Simpson said.

I'm reading the updates on this because I can't figure out where the round hit, and how it missed the 4 people standing in the bullet's path. I've found no answers to those questions, but the quote above seemed like new info to me.

 

[user151]

If the cop was 50% or more negligent, he will not recover damages (if it were in Mass.). Mass has a comparative negligence statute.
See GL 231 s. 85
https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
A good lawyer could easily defend the shop.

 

[MisterHappy]

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

When I use a Blue Gun, as soon as I pick it up, I say to the room, "We all agree that this is not a real gun, yes?". Then I handle it as a though it were a real gun.