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.