S & W suit over 460 magnum (Merged)

This is a discussion on S & W suit over 460 magnum (Merged) within the General Firearm Discussion forums, part of the Related Topics category; I don't know if this has been posted before or not. If so please delete the thread. I find it amazing that someone would put ...

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Thread: S & W suit over 460 magnum (Merged)

  1. #1
    VIP Member Array farronwolf's Avatar
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    S & W suit over 460 magnum (Merged)

    I don't know if this has been posted before or not. If so please delete the thread.

    I find it amazing that someone would put their hand in this possition to start with.

    Couple bring Smith & Wesson under fire with suit
    By: Lynn LaRowe - Texarkana Gazette - Published: 07/30/2008

    A Rosston, Ark., couple are suing Smith & Wesson in federal court because of a serious injury allegedly caused by a .460 Magnum revolver.

    Todd Brown bought an S&W .460 Magnum revolver last fall. When he tried using it to shoot a deer the day after Christmas, gases escaping from the gun’s barrel severed his thumb, the suit alleges.

    “Todd then lowered the gun to see if he had hit the deer, and as he was looking for the deer in the moments following the shot he saw blood shooting up in the air and on his gun and clothes, and he looked and saw that his thumb had been severed from his left hand and there was a deep gash in the flesh of the palm of his left hand extending up to his index finger ...” the suit alleges.

    Brown decided to purchase the weapon after watching a hunting show promoting the gun’s use to hunt bigger game, such as deer, the suit states. Brown bought the revolver, a scope and a holster from an authorized S&W dealer in Hope, Ark., on Dec. 21, 2007, for $1,896.58.

    On Dec. 26, the opening day of the Christmas deer hunt, Brown tried to use the revolver to shoot a deer.

    Monticello, Ark., attorney Cliff Gibson III filed the suit on Brown’s behalf July 18.

    Smith & Wesson President and Chief Operating Officer Leland Nichols said the company could not comment on the suit and had not yet been served with a copy of the complaint.

    The suit blames Brown’s injuries on alleged negligence by Smith & Wesson.

    The first area of negligence the suit alleges is in the gun’s design. The suit asserts that S&W should have had the foresight to “design away” the risk of harm posed by “... the extraordinarily powerful gases expelled through the barrel-cylinder gap ...”

    The likelihood that a hunter might move a hand forward on the gun’s barrel when trying to site an animal should have been anticipated by S&W and factored into the gun’s design, the suit states.

    “This negligence includes ... the failure to reduce the length and weight of the gun barrel, the failure to increase the length of the cylinder, the failure to otherwise provide for better balance of the gun’s hefty weight, and the failure to provide a larger and more robust pistol grip for necessary two-handed firing of this heavy high-powered gun,” the complaint states.

    S&W should have realized hunters in the woods won’t always have a convenient place to rest the weighty gun when firing, the suit alleges.

    “Smith and Wesson consequently knew or had reason to know that while hunting in the woods and fields Todd Brown would have to support the heavy weight of this gun while shooting same solely by the strength of his hands and arms, thereby making it likely and probable that hunters, including Todd, would move his free hand forward and closer to the extremely dangerous barrel-cylinder gap in order to support and balance the gun while sighting-in the game,” the suit alleges.

    The suit also alleges S&W failed to conduct enough testing on the gun before placing it on the market.

    Warnings that might have alerted Todd Brown to the alleged dangers of the gun didn’t exist, the suit states.

    “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 suit alleges.

    The Browns are asking a jury in the Western District of Arkansas, El Dorado division, to award them damages for Todd Brown’s “... great, grievous and permanent injury to his person, past and future medical expense necessary to treat and care for his injuries, past and future pain, suffering and mental anguish, past and future loss of earnings, loss of earning capacity, and scars and disfigurement to his person,” the suit said.

    They also want compensation for Kathy Brown’s “loss of consortium.”

    Smith & Wesson voluntarily recalled an earlier version of the .460 because of problems with the barrel.

    The S&W Performance Center Model 460XVR Revolvers manufactured by an outside supplier were found to have substandard steel present in the barrel, according to Smith & Wesson’s Website.

    The recall included only Performance Center Model .460 Revolvers shipped before Sept. 18, 2006. Specifically not included in the recall were standard production .460 revolvers.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    He should sue his daddy for not giving him any smarts, or his momma for drinking while pregnant.
    "Just blame Sixto"

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    The Clerk of the Court should have a Stupid button simliar to the Staples button on TV. Whenever someone files a foolish suit, the clerk can push the button and get rid of the plaintiff.

    While the incident is unfortunate, I'm sorry to say, Todd Brown is a complete and utter IDIOT.

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    VIP Member Array dukalmighty's Avatar
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    So if todd had stuck his hand in front of the barrel and shot himself i guess it would be somebody elses fault
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    If Todd Brown was such a wimp that he couldn't support the weight of the gun, he should have taken his .32 snubbie instead.
    "First gallant South Carolina nobly made the stand."
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    VIP Member Array mcp1810's Avatar
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    Wouldn't it be nice is S&W could sue him for tarnishing their reputation? "As a revolver owner he should have known blah blah blah. If he doesn't have the arm strength to properly manipulate the weapon in the field he shouldn't have bought it. If he can't make the shot by holding the weapon properly he shouldn't take the shot etc. etc."
    I love how people try to use the courts to magically transform their stupidity into wealth.
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    VIP Member Array automatic slim's Avatar
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    Cliff Gibson III is just another ambulance chaser looking for easy money.
    "First gallant South Carolina nobly made the stand."
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    Ex Member Array FN1910's Avatar
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    S&W is completely negligent in this case for not requiring anyone purchasing their guns to have a functioning brain. More proof that if you make something idiot proof they will just make a better idiot.

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    Now come on.... If that would have happened to me... I think I would have naturally been "a little freaked out" too!

    But after surgery and the wound healed, and evaluating what actually happened... I would have had to conclude that the injury occurred purely from Operator Error and understand that it wasn't the guns fault or Smith & Wesson's fault!

    Yeah, I wouldn't like it, but I would have to blame myself... But that's just me!

    Sometimes you just have to suck it up and take responsibility for your own stupidity.

    The first time I shot a revolver, it was explained that hot gases escape from around the cylinder area. Keep your hand clear!

    After close examination of the revolver itself... I concluded, "I can see that! Hey, that's probably true!"

    Quote Originally Posted by FN1910 View Post
    ...More proof that if you make something idiot proof they will just make a better idiot.
    Oh, how right you are on that FN1910
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    JD
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    I think this is a thread on the incident in question: http://www.defensivecarry.com/vbulle...ap-merged.html

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    VIP Member Array dukalmighty's Avatar
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    Thats a new way to cook a weiner
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    VIP Member Array NCHornet's Avatar
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    I think this was from a 44 mag IIRC



    You must hold a wheeler different from a auto!! Some learn the hard way.
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    Senior Member Array Juggernaut's Avatar
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    Quote Originally Posted by ctr View Post
    The Clerk of the Court should have a Stupid button simliar to the Staples button on TV. Whenever someone files a foolish suit, the clerk can push the button and get rid of the plaintiff.

    While the incident is unfortunate, I'm sorry to say, Todd Brown is a complete and utter IDIOT.
    We have a "BS" button/alarm in the office which activates a siren and shouts, "WARNING! BS DETECTED! TAKE PRECAUTIONS!" I believe this would easily fall under the purview of that warning.

    I read the threads on the .44 mag incident above a few days before purchasing my first wheelie and was totally paranoid about blowing off my left thumb!
    Vis consili expers mole ruit sua.
    -Horace

  15. #14
    VIP Member Array dukalmighty's Avatar
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    I've shot thousands of rounds thru wheelguns and nobody ever had to tell me keep your hands away from where the gas comes out around the barrel
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Ex Member Array BikerRN's Avatar
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    Some people are just too stupid to be alive.

    I'm sorry that we have to interfere with Darwinism and keep them around.

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