http://www.theledger.com/article/200...Range-Accident
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Detectives say the gun fired at least three times after Thourot set it down facing his wife, rather than downrange, which is considered a proper safety procedure. The gun began to spin, striking Flynn, who stood next to a bench a few feet away.
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Broke the rule about keeping the gun pointed in a safe direction. However, if and/or when the gun malfunctioned; there is little that could have been done to prevent the spinning from the recoil.
If Thourot altered the gun so that it malfunctioned then he was negligent.
If he bought a used gun that was altered then I'd say it is not Thourot's fault assuming he was ignorant of the alteration.
If the gun was not altered and malfunctioned then it is the manufacturer's fault, and a product liability suit should ensue.
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