Officer hurt in accidental shooting sues gun maker
 

Officer hurt in accidental shooting sues gun maker

The Associated Press Article Launched: 07/09/2008 10:39:23 PM PDT

LOS ANGELES-An off-duty Los Angeles police officer who was paralyzed after his young son accidentally shot him in 2006 filed a lawsuit Wednesday against the manufacturer of the gun involved in the accident.

Enrique Chavez of Anaheim was shot in the back by his 3-year-old son after the boy grabbed his father's Glock 21-a .45 caliber semi-automatic pistol-from the back seat of his pickup truck.

The lawsuit, filed in Superior Court, alleges that Glock Inc.'s gun was dangerous because its safety device was "non-existent or ineffective" at preventing an accidental shot.

Chavez, 35, is also suing the manufacturer of the gun's holster and the retail stores that sold him the gun and the holster. He bought the gun at the Los Angeles Police Revolver and Athletic Club and purchased a holster made by Uncle Mike's and Bushnell Outdoor Products from Turner's Outdoorsman.

The lawsuit alleges the defendants knew the safety device was defective and that 5.5 pounds of pressure on the trigger frequently results in accidental discharges.

The lawsuit alleges product liability, breach of warranty and loss of consortium, and seeks general, special and punitive damages, and attorneys fees.

Calls made after business hours to the defendants were not immediately returned Wednesday night.

http://www.mercurynews.com/news/ci_9...nclick_check=1


Black Blade: So this guy leaves a loaded and unlocked firearm freely accessable to a 3-year-old child, and it's everyone elses fault? What am I missing? Looks to me like the former cop learned a valuable lesson and should be paying Glock for the education.

Besides:

A few major problems with the suit IMO:

1. The state of California has repeatedly certified the Glock 21 as a safe handgun, 5.5-pound trigger pull and all. See http://certguns.doj.ca.gov /

2. Section 12035 (b) of the California Penal Code makes it a crime to allow a child to get hold of your gun, if the child or anyone else gets injured or killed as a result. See http://www.leginfo.ca.gov/cgi-bin/displaycode?section=p...

3. The federal Protection of Lawful Commerce in Arms Act was passed in 2005. That may also put the kibosh on the suit against Glock and the gun dealer.

The guy knew what kind of gun and holster he was buying. He knew the law. Unless he can prove that his particular gun was defective, his suit should rightfully go nowhere.

He could even be charged with a crime, although California's Child Access Prevention law is rarely enforced when the victim is a family member (or the gun owner himself or herself).

http://peakoilpetroleumandpreciousme....com/directory

Re: Officer hurt in accidental shooting sues gun maker
 

And yet, had he been shot by a bad guy because he forgot to flip the safety lever on his Smith and Wesson, losing a critical split second in the heat of the moment, ( and DON'T think it doesn't happen ) he would be suing them BECAUSE they put it on the weapon I guess........

Moral of the story: Stupid is as stupid does.

Re: Officer hurt in accidental shooting sues gun maker
 

See #2. This is WHY he's filed a law suit against all these people. It's misdirection at it's finest. This way, he will claim 'it's not HIS fault' he allowed his 3 yo child to injure him. It IS, but he will claim it's 'GODS WILL OR SOMEONE ELSE'S FAULT'...

Guy got what he deserved. The worst part is, I'll bet big money that his INSURANCE COMPANY has picked up the tab for his injury. That means YOU AND I paid for his stupidity. And he will continue to BE STUPID until someone else stops him.

Re: Officer hurt in accidental shooting sues gun maker
 

Cop allows 3 yr old son to get hands on gun...end of story. Hope his lawsuit fails miserably.

Re: Officer hurt in accidental shooting sues gun maker
 

KID SHOULD HAVE HAD BETTER AIM!:s10:


T

Re: Officer hurt in accidental shooting sues gun maker
 

Why would anybody want a handgun with that much trigger pull anyway?

Re: Officer hurt in accidental shooting sues gun maker
 

That's the NY trigger, this one may be lighter. Mine's a 3.5lb trigger and it's no biggy once you're used to it. Police ones are always heavier cos most police can't shoot anyway, and it does give them an element of safety (but can pull the shot off target slightly in the heat of the moment). Not dissimilar to a revolver pull really which is what the GLOCK was designed to replace for many police forces. I have never had the 3.5lb trigger go off by accident, you have to make a concious decision to pull that thing straight back, trigger-reset is a pretty cool addition which is even lighter, it is not possible to fire by accident unless you holstered it with your finger in the trigger guard or did some other similar boneheaded thing.

As for this cop, it's sad that he's crippled, but he left a gun lying around a 3 year old! He has no-one to sue but himself, the kid could have shot himself dead or anyone else, and a police officer of all people should know better.

A frame mounted trigger safety is a double-edged sword. Many police have died because they forgot to disengage it, and I'm sure that's easy to do when you just want the thing to go bang. There have probably also been incidents when a gun was wrestled off an officer and the offender forgot the safety too. The only thing that can overcome a safety is training, if it becomes automatic to flip it off before firing then it is subconcious and a lot harder to forget.

Re: Officer hurt in accidental shooting sues gun maker
 

For everyone has asked about why the 5.5 lb trigger pull.

Because that's just above the 'legal limit' that has been established that any firearm's trigger is 'safe' at. Below that and you will get any attorney saying that the firearm was 'unsafe' to begin with.

For everyone who says the Glock doesn't have a safety, this is factually incorrect.

Yeah, it's built into the trigger itself, but it is there. Besides, Glocks theory here was that it would take an adult length finger to actually engage both the trigger and the trigger safety and that children (with shorter fingers) could not possibly make this weapon fire.

So much for that. Never underestimate the power of a curious child.

Re: Officer hurt in accidental shooting sues gun maker
 

It is NOT a good weapon for carry lose in a vehicle, house, or clothing.

You'll say that until the first time you pull the trigger in a fast, "have to" situation, and nothing happens because you forgot the safety is on. THEN you will come to appreciate a Glock.

Re: Officer hurt in accidental shooting sues gun maker
 

LOS ANGELES and Enrique Chavez is all I needed to read. A POS that could not train his spawn to respect firearms. And now he wants to get paid. Tough luck. And the sad thing? The Commiefornia jury will pay him!!!
No safety is a good thing on a revolver not so good on a pistol. That's why I carry a revolver.