Who's At Fault Here?

[Valkorado]

Ouch!   

http://www.grandviewoutdoors.com/articles/5307-video-former-cop-sues-after-he-shoots-his-own-finger-off

I wouldn't wish this on anybody, but I was taught to treat all guns as loaded until you're absolutely certain they aren't.

[Patrick]

When you look a gun in a shop like that, you naturally expect it to be unloaded.
But, as most of us know, every gun is loaded until proven otherwise. An ex-cop certainly should know that. And it appeared the cop attempted to check.

I think this is a tough one. I can see both sides. But, I think the shop will lose.

[Jess from VA]

Shared responsibility (two idiots..... Moe and Larry).

BUT. My experience at all gun stores is they safety check the firearm in front of you before handing it to you.  It is done for BOTH your benefits. If we are looking at one of MY guns, I do the same thing.... see, this weapon is safe, nothing in the mag/cylinder, and nothing in the chamber, only then will I hand it to you.  And even alone in my home, if there is an unloaded firearm out, each time I put my hands on it, I check it again.  Anal? No. (I am ashamed to admit that I once shot a hole in my lazy boy with an unloaded pistol (supposedly clearing it)... but at least I did not have my fingers over the bbl)

Representing the store, I would concede my salesman did not follow proper procedure by safe checking the gun (and worse, some asshole put it back in the case loaded), BUT the cop should have known better (and you can rightfully argue he has been trained and routinely qualified beyond the avg Joe).  As soon as he is handed the gun, he points it at the salesman, then fails to check it himself, then holds it with his fingers over the bbl, and worst of all, pulls the trigger with his fingers still over the bbl.  He clearly demonstrates an utter lack of safe firearm handling from the moment he takes possession of the firearm until he shoots his fingers off.  He is an idiot and at fault for his own injury.

But no doubt there is standard store procedure to safe check every firearm before handing them to stupid people, including this stupid person. And there is also likely a standard procedure to not put loaded guns back in the case (though most gun stores have a couple loaded ones out in case of robbery, and the salesmen are supposed to know which ones are loaded). Failure to follow those procedures will cost them.

In trying to settle this case as the insurance defense counsel for the gun store, I would total up the value of the dummy's lost fingers (believe it or not, this is a regular deal, with books on value of lost body parts), then offer one third of the value arguing that the customer was 2/3 at fault.  I would settle for half the total value.  Beyond that, you get into the costs of a full jury trial, and the risks of a jury verdict.  (see Runaway Jury)

And everyone is lucky the guy standing downrange (down the counter) did not get hit between the eyes.

Notice he racked the auto with the chamber facing down, so he couldn't see if it was loaded even if he was looking, he wasn't.

[Chrisj CMA]

I didn't see a round ejected, so....that means the gun was probably not loaded until he guy jacked a round into the chamber. (magazine should not have been loaded!)

On one hand if he looked in the chamber when he pulled back the slide he would have seen a  clear chamber, but he should have seen a loaded magazine.  That's water under the bridge.  He should have known better to remove the magazine first even if he thought it was not loaded

On the other hand it is illegal to let a customer handle a weapon with ammo for that weapon even boxed anywhere near the weapon, so the shop was way wrong there.

I agree the shop will pay a lot of insurance money and the associate will be fired.

[vanagon40]

. . .  it is illegal to let a customer handle a weapon with ammo for that weapon even boxed anywhere near the weapon . . . .

That is an odd law.  Wonder how far is "near?"

[old2soon]

2 screw-ups NO MATTER how you look at it. The employee SHOULD have ejected the magazine then cycled the slide a couple of times. SHOULD have handed it to officer dumb ass with slide locked in the open position sans magazine. O D A should NEVER have accepted weapon with slide NOT being locked in open position. When O D A cycled slide-well he did NOT look or be aware he racked a round. And THEN putting yer fingers over the muzzle with yer finger on the trigger? Let's just say O D A would NOT have passed the C C W class I attended. Fire employee apologize to O D A and both ya'll go yer seperate ways. IF the law suit goes forward I believe the ONLY ones to make out will be the barristers. The gun shops I frequent around here the person waiting on me ejects mag and cycles the slide then locks slide open BEFORE letting me handle the weapon. On a wheel gun they roll the cylinder out prior to letting me handle the weapon. Makes one wonder how successful he was on weapons stops?   AND ALL the gun shops I frequent the employee handing you the weapon is armed!   RIDE SAFE.

[da prez]

Lucky other customer did not get fingered for looking. We were always told to treat an empty gun as loaded. Why did he have to rooster it. It was empty. I was told not to dry fire a gun.

              da prez

                                 

[Varmintmist]

On the other hand it is illegal to let a customer handle a weapon with ammo for that weapon even boxed anywhere near the weapon, so the shop was way wrong there.

Maybe in FL. It is a REAL GOOD IDEA, but not a law in all states.

The cop is at fault. Broke every one of the firearms saftey rules.
Store is at fault. Shouldnt have had a loaded trade in out for sale, though that is a LOT more common than folks like to think.
Seller is at fault. Broke most of the saftey rules.

[Chrisj CMA]

Lucky other customer did not get fingered for looking. We were always told to treat an empty gun as loaded. Why did he have to rooster it. It was empty. I was told not to dry fire a gun.

              da prez

                                 

It was absolutely correct for him to jack the slide.  That is how you look inside the chamber to insure it is clear.  What he did wrong was NOT eject the magazine first.  Second when the slide didn't lock to the rear the cop should have been suspect that one, the gun was loaded, or two defective.  He was the real bonehead that day, but as our overly lawsuit happy society is, the store will no doubt bare most of the blame

[..]

4 lucky people at the end of the counter and 2 dumbasses.

[Gavin_Sons]

Initially the salesman for not checking the gun, meaning removing the magazine and locking the slide back if it is able. Then it is the officers fault for not checking for himself and attempting to dry fire a weapon that turned out to have a live round in the chamber. I did notice he pulled the slide back but not far enough to eject a round and didnt even look in the chamber. 2 dumbasses, 1 salesman that does not need to be around guns and 1 officer that should not be protecting citizens.

[Bighead]

Idiots the both of them