Couple bring Smith & Wesson under fire with suit

[Lady Glock]

Loss of consortium for his wife? WTF?

If he's the breadwinner for the family, under tort law, she can file for damages because he's (in theory) not going to be able to provide for the family to the same standard to which they are accustomed. That's the modern use of the concept, anyway.

Terri Schaivo's husband sued for "loss of consortium" saying she was unable to provide for his sexual needs.

[David]

Yep, that's an established legal precedent as well. Although I'm thinking this particular case has more to do with income, unless of course he does something REALLY interesting with his thumb...

[JohninMinnesota]

the manual warns you not to shoot it like that this guy cant read

ALWAYS KEEP FINGERS AND OTHER PARTS OF YOUR BODY AWAY FROM THE MUZZLE AWAY FROM THE GAP BETWEEN THE ROVERLVER BARREL AND CYLINDER AND AWAY FROM TEH PISTOL SLIDE AND EJECTION PORT

[David]

Does the manual for this revolver really say that about the slide and ejection port? If so, S&W should probably make manuals that are a little more specific to each model. I'd say a manual filled with so much stuff about a gun I don't have would make a person not pay much attention while reading it, and might make someone's product liability case stronger.

If the manual doesn't say that, and you were just giving examples, then disregard.

[JohninMinnesota]

that from the 460 manual on smith wesson website

[jac714]

The modern revolver manual and the website both have illustrations specifically telling you not to hold the gun like that.

I don't see where this guy has a case.

[David]

I seem to remember seeing pictures of this type of injury online before. They were really gross, so I'm not going to try to find them again and ruin everyone's lunch. Let's assume for a moment that this has happened to many people. There are four essential components to a case of product liability stemming from manufacturer negligence:

Duty
Breach of duty
Causation of injury
Legally recognized damages

You have to prove all four in order to win. Duty, Causation, and Damages are pretty much already proven, due to the fact that there was a serious injury, losing a thumb is a recognized "damage," and there's plenty of case law proving that manufacturers have a duty to warn their users about the dangers of using their guns. That leaves Breach of Duty, which is always the interesting one.

Maybe the attorneys for the plaintiff will be able to show that reliance on people reading the manual isn't enough to eliminate "breach of duty." Maybe they'll argue that a zip tie should have been installed through the gun that had the warning on it, which would have to be removed before shooting. It's not enough these days to provide a manual with a piece of dangerous equipment, particularly one that is more dangerous when handled improperly than others that do not present the same hazards. Not everyone reads the manual, and we all know it, and yes, it is (legally) S&W's fault if they rely on a method of warning people that they know many people will overlook. We could go on with more examples of actions S&W could have taken, but I think you get the idea.

Not saying this is right, but it's reality. The guy might not win (and I hope he doesn't), but he definitely does have a case.

[Pred]

The modern revolver manual and the website both have illustrations specifically telling you not to hold the gun like that.

I don't see where this guy has a case.

I guess I don't have the same confidence in our court system to do the right thing.....

[ttousi]

Wouldn't it be refreshing if people took responsibility for their own actions.

If I went after a company for every dumb thing I did I would be very well off even if I only won a third of the cases.

BTW: I have a short thumb to prove my dumbness......

[David]

The sad part is that you wouldn't have to win ANY of your cases. Most cases settle, even many of the ones that are a little shaky.

[ttousi]

The sad part is that you wouldn't have to win ANY of your cases. Most cases settle, even many of the ones that are a little shaky.

ohhhh ........now I find out..........

Oh well, at least my way I don't put all my "dumbness" out for everybody to see I can pick and choose which bonehead maneuvers I share.

[TC95GT]

Here is a video I stumbled upon where a guy simulates a finger near the cylinder of his revolver using a sausage with a wooden dowel in it. For some reason I can't get it to show up in the post.

[nyffman]

This story reminds me of the guy who injured himself trying to trim his shrubbery with a push mower. I believe he sued and won.

[Srigs]

Gees George can I pet the bunny rabbits.. George

[DeanC]

This story reminds me of the guy who injured himself trying to trim his shrubbery with a push mower. I believe he sued and won.

Or the pro-football player who burned himself with a clothes iron. Turns out he was trying to iron *while wearing the shirt*.