There is a growing and unresolved gun debate in America that passes from one generation to the next. Is it a fact that guns kill people; or do people kill people? There is no doubt that within the inner cities, gun violence and death by guns is out of control, but what is at the heart of all the mayhem? Is it the gun manufacturers’ fault for the manufacturing of guns or the people who use them to shoot and kill other people?
The Second Amendment is one that many Americans hold very sacred. To many, it is the core of freedom, but to others, guns are unnecessary and should have very strict restrictions on ownership. Due to non-consensus in the legislative branch, many gun issues are now being waged in the courts. Sturm, Ruger & Company is just one of many gun manufacturers to be named in a personal injury suit.
The latest claim made against them is that the firing mechanism they have had on their weapons for well over a hundred years is archaic and at fault for personal injury. They are being sued in an effort to have them update and improve the design of their firing mechanism. Shannon Wayne Garrison is alleging that if his gun were more properly designed, he would never have sustained the injuries that were caused by his Ruger weapon.
Filing suit in a Birmingham federal court this past month, he is asking for both punitive and compensatory damages for an accident that happened over two years ago. His allegations are that on September 21st of 2014, his .41-caliber Ruger Blackhawk gun accidentally misfired when it was dropped and hit the ground.
When the accident occurred, Mr. Garrison maintains that he was at a hunting club checking on his game cameras with his handgun on his hip. He maintains that it was un-cocked and that the hammer was in the proper full-down position. He also testified that, at that time, there was one round in each of the six chambers of the gun.
While going from camera to camera, he was riding on an ATV, going over uneven and bumpy ground. That caused the firearm to become dislodged from his hip, according to the court records. When the gun fell to the ground, it went off, and a bullet discharged, hitting him in the ankle.
When he was hit, he fell off the ATV and tried to call for assistance, but he could not get a signal on his cell phone. He then managed to climb back on his ATV and made his way back to his truck to go for help. He drove a few miles to a residence nearby where he made a phone call for assistance. He was airlifted to the hospital in Huntsville.
His claim states that the bullet traveled from his ankle to his calf, affecting his hamstring, groin, midsection and stomach regions, stopping right before it reached his heart. Due to the complexity of removing the bullet, it remains in place. His complaint is that it has caused him significant damage both physically, emotionally and financially. After multiple surgeries and rehabilitation, he is still suffering.
The lawsuit is based on the notion that the Ruger Blackhawk should have better safety manuals in place to prevent it from misfiring when it was dropped. Garrison alleges that the company should have a better design to update it with a more modern firing mechanism that could have prevented his injuries.
Although the case is still on the docket to be settled in court, Ruger has put out a safety recall announcement on its website offering to modify specific models of the Blackhawk revolvers. Their aim is to ensure that the firing mechanism is updated and that, should it fall, it will not misfire in the future, insuring there won’t be a need for a wrongful death lawyers Los Angeles. The website also warns those who own and operate the Blackhawk of the potential of misfiring and suggests better handling and precautions when using it.
Whether their offer to recall the particular Blackhawk models is an admission of guilt or not, they are being responsible enough and responding to a need for updated mechanisms to protect the owners and operators of their guns.