by Randygmn on Fri Sep 19, 2014 7:19 am
This seems ridiculous to me, as the complaint reads;
"200. Defendant The Sportsman’s Guide permitted Holmes, to use these products.
201. Defendant The Sportsman’s Guide either knew or in the exercise of ordinary care should have known or knew that it was substantially certain that Holmes intended or was likely to use these products in a way that would create an unreasonable risk of harm to others, including the plaintiffs herein."
Unless past sales show a pattern if abuse by purchasers, how could the retailer possibly know that the purchased goods would pose unreasonable risks? Seems clear to me that the plaintiffs MUST show a consistent pattern. Not only doesn't that pattern exist, because we would all know about it already, but I think they will be hard pressed to be able to show 1 example of abuse. Put it this way- all these items that Holmes misused, are sold all day, everyday, and are used without incident. Because of this, I would immediately file counter suit for malicious prosecution and demand attorney's fees, court costs and punitive damages.