A Rational Judicial Decision!

[Number 6]

~~~~~ GUN LIABILITY ~~~~~

BB GUN MANUFACTURER AND SUPPLIER HAD NO DUTY TO
WARN MOTHER WHO PURCHASED GUN FOR CHILD OF OPEN
AND OBVIOUS DANGER OF GUN

In Abney v. Crosman Corp., the Supreme Court of Alabama ruled that a BB gun manufacturer and supplier did not have the duty to warn a mother who purchased a BB gun for her seven-year-old son of the capacity [sic - capability] of the gun to kill a person, in an action brought by the executrix of a child who was shot and killed when the son discharged the gun. The dangerous propensity of the gun was open and obvious, despite the mother's
claim that she did not know that the gun had the capacity [sic] to kill a person.

The son and two of his siblings all testified that their mother had told them that the gun could kill someone, and therefore the son had subjective knowledge of the gun's dangerous propensities.

 

[Ozzieman]

Stupid B buys a projectial wepon for a 7 year old

The woman should have been put in jail for being so stupid.
Then try to blame the manufacture, and probably sue them to boot.
The sleeze bag lawyer should be disbared for this kind or crap.
Funny when the US has somthing like less than 10% of the population of the planet. Yet over 40% of the laywers.
No wonder the US is so messed up.

 

[shaggy]

Actually this sort of result is nothing new. The inherent and obvious dangerous nature of guns has been a defense for gun manufacturers facing civil suits like this for years. Its the first time I've heard it extended to a BB gun though.

 

[Ben Shepherd]

What's this? Common sense from the bench?

I'll take it. After today this bit of sunshine was needed.
Thanks.

 

[Edward429451]

This is the reason I think its a mistake to buy children bb & pellet guns for their first weapon. It should be a real firearm! If it was a real firearm, even a .22, the little parental voice in the back of the mind would say not without 110% supervision. Only after real safety rules about real firearms are well founded in a child should they be given a bb gun un-supervised.

It's somewhat of a natural thought that a bb gun isn't a real firearm and isn't as dangerous as a real gun so people turn the kids loose too early with bb guns without proper instruction. Even half baked parents usually wont turn loose a child with a 'real gun'.

She probably bought the kid a bb gun thinking it was safer than a real gun and this is backwards thinking. The proper mindset is 'is the kid safer than a real gun?' The only way this can be taught is to teach with a real gun. In my mind, bb guns are specialty weapons for advanced users. For serious practice.