Yet another candidate for the Darwin Awards!
This is a discussion on S & W suit over 460 magnum (Merged) within the General Firearm Discussion forums, part of the Related Topics category; NWAnews.com :: Northwest Arkansas' News Source A man whose hand was seriously injured the first time he fired a revolver in the field is suing ...
NWAnews.com :: Northwest Arkansas' News SourceWhat say the jury?A man whose hand was seriously injured the first time he fired a revolver in the field is suing the weapon’s manufacturer, Smith & Wesson, in federal court in Texarkana.
In response, the gun manufacturer said there are no problems with the design of the weapon, a 460 model revolver, and that the man caused the accident by not heeding its warnings.
The lawsuit, filed in July by Todd and Kathy Brown of Rosston, alleges negligence by the gun manufacturer is to blame for a Dec. 27, 2007, accident in which Todd Brown’s left thumb was severed.
Smith & Wesson’s answer, filed Aug. 14, puts the blame on Todd Brown.
“Any injuries and damages claimed by the plaintiffs were the result of Todd Brown’s misuse of the handgun and his failure to follow the warnings and instructions provided by Smith & Wesson,” the answer states. “Smith & Wesson says that any injuries or damages sustained by the plaintiffs were solely, directly, and proximately caused by Todd Brown’s negligent actions and conduct.” The Browns’ lawsuit notes that Todd Brown purchased the 460 revolver after seeing ads that touted it as a great way to hunt game, such as deer. Brown bought his gun and a scope on Dec. 21, 2007, for $ 1, 896. 58.
“Shortly after his purchase, Todd fired a few rounds from this revolver utilizing a table rest in order to sight-in the scope,” the lawsuit states.
Then, on Dec. 27, 2007, the first day of the Christmas deer hunt, Brown took his gun hunting.
“The niceties of a table rest to support the revolver being unavailable in the field as one never knows from which direction game will appear, Todd had to support this very heavy gun entirely with the strength of his hands and arms while trying to steady the cross-hairs of the scope on the deer, and in doing this, Todd held the pistol grip with his right hand and placed his left hand under the trigger guard of the revolver and also braced the gun against the window of the deer stand,” the complaint states.
After firing at the deer, blood began “spurting up in the air and on his gun and clothes.” Brown’s left thumb was severed by the gases escaping from the barrel cylinder gap when it was fired, and a deep gash was left on his palm, the lawsuit states.
The lawsuit claims that Smith & Wesson should have known a hunter might move a hand forward on the weighty gun’s barrel when trying to site an animal and should have factored that possibility into the gun’s design.
“Further, Smith & Wesson was negligent in failing to give Todd Brown a reasonable and adequate warning and instruction respecting the nature, extent and severity of the danger of the devastating injury and harm (i. e., it will cut your hand off ) presented to a shooter by its Model 460 Magnum Revolver,” the lawsuit argues.
Well, it's going to be a toss up for me. I figure it's quite possible he can win. I wonder what sort of damages are being sought? I'm sure he'll be offered a settlement. Many idiots have gone before in other situations and won. How about a nice, hot cup of coffee from McDonalds?
Yet another candidate for the Darwin Awards!
CCW permit holder for Idaho, Utah, Pennsylvania, Maine and New Hampshire. I can carry in your country but not my own.
Sure. Absolutely, someone, somewhere is going to misuse it in that fashion. It's inevitable. Welcome to the real world.The lawsuit claims that Smith & Wesson should have known a hunter might move a hand forward on the weighty gun’s barrel ...
You know, the 26" heavy target barrel on my Savage 12 has been feelin' sort of heavy. I wonder if I should stick my fingers waaaaaaay out there ... you know, to help balance things.
What say the jury? Case dismissed, due to silly claims.
I wonder if maybe the shooter learned a thumbs forward grip and placed the weak hand thumb in harms way. Personally I feel he shouldn't get anything, anyone who knows much about revos knows gases escape around the force cone .
"In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson
Nemo Me Impune Lacesset
I am not familiar with this revolver but from what I read this looks like a good case for the plaintiff. I have fired revolvers before and have never known about a severing/amputation hazard from escaped gases.
Yoda, I am, yes.
He might get something, although I don't think he should. I mean, the woman with the McDonalds coffee at the drive-thru got money because the cup wasnt labeled hot, IIRC.Guns are inherently dangerous. OMO.
You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt
I wouldn't want to keep my hands anywhere near the cylinder gap on my little SP 101, and that would be nothing compared to a 460.
Last edited by boscobeans; September 9th, 2008 at 09:23 PM. Reason: correction
It's not like revolvers have been in use for, oh say, 150 years; and how many times has this happened? This guy must be a real winner.
When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.
to bad it wasn't captured on video or you tube it might of made his case a better arguement
If he bought the gun used, he might have a case against the vendor for not providing a copy of the owner's manual.
But the fact of the matter is S&W printed in bold red letters on page 17Here's one special part that bothers me:ALWAYS KEEP FINGERS AND OTHER PARTS OF YOUR
BODY AWAY FROM THE MUZZLE, AWAY FROM THE GAP
BETWEEN THE REVOLVER BARREL AND CYLINDER, AND
AWAY FROM THE PISTOL SLIDE AND EJECTION PORT.A handgun is a one handed weapon by federal law. If they start accommodating idiots who fire a handgun like a rifle, are they still making handguns? Or does that cross the line into NFA regulation?Smith & Wesson should have known a hunter might move a hand forward on the weighty gun’s barrel when trying
"and suddenly I can not hold back my sword hand's anger"
I believe it would be wise for me to refrain from comment.
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(Choose only one)
NRA Endowment Member
"I bark at no man's bid. I will never come and go, and fetch and carry, at the whistle of the great man in the White House no matter who he is." -- David Crockett
I personally think that the court should chop his other thumb off, then throw his claim out. It's so popular to sue these days that it's absurd. Local school districts know it's cheaper to pay someone $10,000 to go away than it is to hire a lawyer. Our school districts and tax money is being sucked up by social leaches. If it cost the plaintiff if they lost we would see a different story.
If someone screws up, sue, it's fine. This is not that case. This guy wasn't thinking and he shot his eye out, I mean thumb off. Boo hoo.