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USPSA Shooter Shot with Her Holstered Gun - And Never Touched It
- Thread starter Woodstock
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![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
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As with almost all suits, I predict it will settle.
Only if the seller has deep enough pockets to want her to go away. I wouldn't give her a dime. Do you really think she has a signed sales contract? To prove her side, she will need to hire experts in addition to the lawyer and from the looks of her, she just doesn't have the coin to front that.
she has all sorts of how to videos on her FB page about maintenance and inspection and modification. She should have known better than what she is claiming. With that experience I think if it happened the way she said then she was negligent.
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1. Chances are excellent the seller has homeowner's insurance including general liability. Discovery rules generally let the plaintiff learn how deep the insurance pockets are early in the process (at least in MA; not sure about ND)
2. She doesn't have to prove a thing. She merely has to convince the insurance company that a jury is likely to sympathize with her, and show she has contingency fee counsel that will run up the defense costs. If the case looks juicy enough, contingency feel counsel will pay for experts. (I know this because my wife gets paid by contingency fee counsel when she does expert witness work for plaintiffs).
3. Judging by her video, I would guess a legal background or that she already has counsel. The bits about "not being told about the trigger job" (yeah, right .... this is usually a selling point, especially in the competition world); "not doing nook and crannie cleaning" (so she would not notice the work) and "by no means an expert" (thus establishing that she was not qualified to notice the work) and an absence of discussion of the firing pin block read like a closing argument to a jury rather than a candid assessment of what happened. Add in the polishing it as "public service" rather than "blame assessment" and it's just too polished to be anything but litigation burnishment.
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DPR
NES Member
I'm pretty sure the answer is no
Food for thought... what state is this in? And can the defendant (presumably the insurance co) countersue for damages WRT court costs/attorneys fees if this turns out to be bogus?
Also... another possibility is theres no contingency fee- because some ambulance chaser friend of hers talked her into this; contrary to popular belief not every lawyer is rich (far from it) and some of them are desperate to pull horseshit like this at the slightest chance that they could extract money. One case I was impaneled on as a juror had the legal version of incest- one of the plaintiffs, his mom was a lawyer in the law office that was bringing this case, and her boss was basically the one running the case for the plaintiffs. It became clear to me that the whole thing was even more of a put up job than I originally thought- it was obvious he was trying to throw bologna at the wall to make it stick; not to mention he was way out of his league compared to the attorney from the town he was trying to sue.
Also, as far as #1 goes, the AC can probably do some of their own homework to figure out how much "meat is in the air"- EG, it doesn't take much to make a quicky 5 minute assessment of how much someone is worth and their likelihood of having a homeowners insurance policy that they can go after. (eg, if the AC goes on zillow and finds out the guys house sold for 500 grand there's probably a policy on it, on the other hand if its a shack in the woods he's not going to bother. )
-Mike
DPR
NES Member
In her video she says that the RO asked her twice if her gun went off and that is just not making any sense to me. She says that she didn't think anything was wrong but something made her look down. Why did she not continue with the draw? Why did she look down? -Because she knew what she did.
If what she says did happen then I would think most any RO would realize that there was a serious malfunction, that the shooter did not touch the gun and they would tell the shooter to stop and to not move. Why did they ask her twice if the gun went off? -because she had her hand on it and was drawing.
None of what she says about the gun firing and moments after seems likely to have happened....except for the holes in the leg.
If what she says did happen then I would think most any RO would realize that there was a serious malfunction, that the shooter did not touch the gun and they would tell the shooter to stop and to not move. Why did they ask her twice if the gun went off? -because she had her hand on it and was drawing.
None of what she says about the gun firing and moments after seems likely to have happened....except for the holes in the leg.
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Generally not, as such a law would provide a disincentive to litigate and thus cost attorneys work.
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The attorney does not have to guess. In MA, the rules of civil discovery allow plaintiff's counsel to get full information on insurance limits.
It is not "liability is unrelated to insurance, sue first, then see if you can collect". Such a policy would work against the interests of attorneys and, indirectly, against individuals with low insurance limits who look like deep pocket targets but aren't. The downside of being well insured is that it becomes much easier for a would be plaintiff to find an attorney to sue you on a contingency fee basis.
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stacarter
NES Member
They are cheap. My wife and I took a Stop the Bleed class at UW in Seattle. Dark Angel sells nice little presealed packages with a roll of gauze, gloves and a tourniquet. The tourniquet isn't a CATS or SOF-T but a rubber band type. We then added a SOF-T to our "kit". The rubber band style is better for kids. They are cheap and easy to use. The #1 preventable cause of death is blood loss. The class I took basically taught that if you are within 2 hours of a hospital, put a tourniquet on any wound you can that is bleeding profusely.
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M
every guy out there should remember to wear a belt, lol. I bought a high quality punch to add some holes for summer when I lose a few inches and measured my leg for a few holes to make it a tourniquet since you could pass out and not hold it if you are alone or in a fire fight.
If you are using a dremel for anything other than arts and crafts, you are not using the right tool. She has the balls to call out people being basement gun smiths. The whole dremel and gun mods is nothing but red neck mentality, jethro did this and didn't blow up so this is the right way to do it.
How do you go about getting training in trauma care like this kind of wound would require? If I'm at an event where something happened it would be better if I could help out instead of standing around with my thumb up my ass.
DPR
NES Member
Start by taking a first aid class, maybe with the local red cross group. The skills taught in that class can be used for this type of wound. Get a kit (IPAK, IFAK, blowout kit, etc all similar) and carry it in your range bag. Other groups provide advanced classes if you still think you need one, I think Sig Academy had such a class.
