ST Alpha - "I'm wondeirng, though, if the family has a case." (Reading a Post)

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In response to "You know what generally prevents a person from shooting themselves in the head with a "defective" gun? NOT POINTING IT AT THEIR OWN HEAD! -- nm" by Ender

I'm wondeirng, though, if the family has a case.

Posted by ty97 Nov 11 '09, 05:53

My understanding of civil torts: you don't have to be blameless, you just have to prove that the other party has some blame, then you can recover. (is that right, lawyers?). The article makes it sound like the uzi was not pointed at his head, but that it locked twice, thus (maybe) making him lose control, thus leading to the tragic accident. Assuming that is correct, then there is a possible case against the manufacturer.

The case against the 15-year old instructor/supervisor seems weaker, though if he licensed to teach and control, then perhaps he failed some of the child did not seem to be in control and he didn't step in.

Of course, who lets there 8-year-old fire a freaking uzi.

But still, the parents may have a case, if my understanding of the law is accurate.

Responses:

[deleted]
A gun jamming doesn't make it point at someone's head and fire. -- nm - Ender Nov 11, 06:07 8
- an 8-year-old trying and failing to control the recoil from an uzi, though... - znufrii Nov 11, 06:08 7
  - Sure, but that's not the gun's fault. -- nm - Ender Nov 11, 06:09 6
    - If the gun was defective, it could have been a contributing factor. - ty97 Nov 11, 06:12 4
      - i agree. if a malfunctioning gun had recoiled and an 18 year old had died, people might see it differently. -- nm - Andie Nov 11, 06:18 3
        
        It looks like they're just suing everyone. Standard operating procedure. - Inigo Nov 11, 06:23 2
        
        Agreed that is SOP. I'm surprised they aren't suing the venue where the show was held. -- nm - ty97 Nov 11, 07:16
        
        [deleted]
    - true, it was just doing what it is supposed to. nothing wrong with that. -- nm - znufrii Nov 11, 06:10
Handing any 8 year old a loaded Uzi is putting them in extreme danger. - Inigo Nov 11, 06:07 1
- [deleted]

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I'm wondeirng, though, if the family has a case.

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