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Old August 1, 2008, 10:33 AM   #26
tranks
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There is an old saying: "Every time you make something fool-proof, they come out with a better fool." I think that applies here.
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So wait... guns can hurt you if you don't know how to use them? now i am confused
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The problem with trying to make something fool-proof is underestimating the fools.

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Old August 1, 2008, 11:14 AM   #27
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A foolproof (insert object name here) is like a squirrel proof bird feeder. They don't exist.

I see lots of problems with what this dummy did. He watched a hunting show and ran right out and bought one of the most expensive, heaviest and biggest revolvers in existence. Spent $2000 on a whim, assume what you will, I did. Five days later he's hunting with it. This should speak volumes about his ethical standing. Hunting with a handgun is not something you do on a whim and becoming proficient with such a monster revolver is not something you do in even a matter of months. Sounds like it's also his first revolver, why else would he put his thumb there? This speaks even more about his ethics and lack of common sense. Damn thing weighs five pounds, any idiot should know it will take some arm strength to steady such a beast offhand. Boo-hoo, it's S&W's fault his arms are weak. There's just a whole hell of a lot wrong with everything he did.
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Old August 1, 2008, 11:23 AM   #28
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This guy will not win in court. S&W did their homework, and "Read Manual Before Use" is probably printed right on the side of the barrel. Their lawyers will have him for lunch, and he will lose his own lawyer fee too. (in addition to his ER co-pay)
What this guy--and his sleazy trial attorney--are hoping for is that S&W will figure out how much it will cost them to take this case to trial--lawyers' time, depositions, experts, etc.--and factor in the chance that a jury of 12 of this guy's peers might awards him a ton of money regardless of the evidence--and just cut him a settlement check to make him go away.

That's the typical result of a lawsuit against a business and it's one of the reasons that things cost so much. The price of that suit and other potential suits gets blended into the selling price of the item.
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Old August 1, 2008, 11:49 AM   #29
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This guy will not win in court. . . . .Their lawyers will have him for lunch, and he will lose his own lawyer fee too.

Actually, I'm thinking the lawyers will first scratch their ribs and stiffle a yawn, have lunch and be belching & pickin' their teeth in short order.
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Old August 1, 2008, 12:23 PM   #30
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S&W will figure out how much it will cost them to take this case to trial
I would guess SW would fight this one - else they are opening Pandora's box of "cylinder gap" claims against them.

Hard to say, and I am neither a lawyer nor a CEO....
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Old August 1, 2008, 07:28 PM   #31
roy reali
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Hope So

I hope Smith and Wesson fights this and I hope they win. But I won't hold my breath. After all, this is no brighter then putting a cup of scalding coffee between your legs while driving.
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Old August 1, 2008, 08:51 PM   #32
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No where does Smith and Wesson tell anyone to put their thumb in a position next to the barrel gap.

By this lawsuits 'logic',all saw manufacturers can be sued for people cutting off their fingers by not using the saws right.

I feel terrible for the guy but in at the end of the day,the truth is-he placed his thumb directly in line with the barrel forcing cone gap where ALL revolvers eject hot gases.

He bought one of THE MOST POWERFUL production handguns in the world and HE KNEW that those rounds were super powerful so HE SHOULD have taken the necessary steps to MAKE SURE FOR HIMSELF he placed his hands properly on the weapon.

Even though Smith is not guilty here,I feel that it may be found by their upper management to be in their best interest to buy back all remaining 460 mags and destroy them.

Really sad way for a great round to be taken off the market.
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Old August 1, 2008, 08:51 PM   #33
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Smith and Wesson will settle out of court for a big sum of money and this gun will be highly modified or dropped. Show that picture to a jury and they will loose a bundle.

Just look at how lawnmowers are being made today. They have so many safety guards on them that it is almost impossible to get the lawn cut. Everyone knows that if you put your hand or foot under the deck you will lose it. Yet people do it and win lawsuits.

The lawyers will argue that in spite of the warning, no reasonable person would expect to be injured to that extent when standing behind or beside of a gun and that the design is defective. They will also point out that revolvers have been used for 150+ years and that no other type of revolver will cause injuries this severe.
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Old August 1, 2008, 11:08 PM   #34
Erik Prins
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Maybe S&W will get lucky

maybe this guy will just kill himself off before the lawsuit goes through, he does not seem that smart. smith and wesson should just send him some guns free of charge as compensation, do you need to pull the trigger disassembling an M&P auto like a glock? if so just send him a couple of those and problem solved

seriously though there is no way this guy can win in court and S&W cant afford to settle out of court and admit fault. i mean seriously revolvers have shot hot gasses out between the chamber and the barrel for what, 150 years or more, and suddenly in 2008 thats dangerous? not likely

and remember next time you get jury duty, if you skip you can no longer complain about juries rewarding idiots like this
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Old August 2, 2008, 02:35 AM   #35
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S&W has been over pricing their revolvers for years, I'm sure their millions upon millions of dollars will get good lawyers to make this idiot look like a much bigger idiot. Firearms CAN BE dangerous, that is why they come with so many restrictions and safety manuals. This would be like that DEA agent who never went through proper training for re-holstering, ending up shooting his leg in front of a classroom, making a lawsuit against GLOCK for the basic function of their pistol not having a manual safety.
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Old August 2, 2008, 01:18 PM   #36
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Unfortunately this really is a bad position for S&W to be in. As ridiculous as this lawsuit is to us gun knowledgeable folks it is unlikely that anyone who knows anything about guns will get put on a jury for this - they would be considered to be prejudicial. unfortunately that means that the jury will be full of people who know nothing about guns, and people who know nothing about guns are often scared of them and willing to make decisions against gun companies- it wont effect them bc they will never buy a gun anyway, so as ridiculous as this suit is, S&W (and all other revolver makers) could get in trouble. not terribly likely but it is possible
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Old August 2, 2008, 01:41 PM   #37
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The result will probably be S&W engraving huge ugly billboards into the sides of their barrel like Ruger does.
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Old August 2, 2008, 01:45 PM   #38
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And I can only hope that Todd Brown of Rosston, Ark does not have any offspring. Perhaps they can negotiate a free vasectomy for him as part of a settlement.
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Old August 2, 2008, 07:15 PM   #39
WINSTON THE WOLF
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And I can only hope that Todd Brown of Rosston, Ark does not have any offspring. Perhaps they can negotiate a free vasectomy for him as part of a settlement.
All he has to do is put the .460 in his lap and fired it!!! Instant vasecotmy, If not he can atleast become Jewish
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Old August 3, 2008, 10:58 AM   #40
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Although it should be basic common sense, there is a wanrning in the manual. And there is a notice to read the manual before using the firearm, which is also common sense anyway.

If you are fool enough to place any part of your hand or body near the gap or muzzle when firing, you are a FREAKING TARD AND THE ONLY FAULT IS YOUR OWN.

Also, if the gun was too heavy and meaty for this weakling, then perhaps he should stick to .357 (it will kill deer) or maybe a .44.
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Old August 3, 2008, 11:23 AM   #41
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I went to the range yesterday and shot quite a few guns including one of my revolvers. Last night I had a mess of guns to clean. Our 15 year old nephew was spending the night with us. I recruited his help. As we were cleaning various parts I showed him my SP101 and gave him a quick run down on how revolvers function. He's shot shotguns and rifles before but never handguns.

As I said to him, "The bullet jumps this gap between the cylinder and forcing cone and then goes into the rifling of the barrel...." He sort of got thoughtful for a minute. Then he asked, "Won't hot gasses come out of that gap? Would they burn you if you got your hand in the way?"

Then I remembered this thread.

Even a 15 yo with no handgun experience got it. Without being told.

This guy got a manual. Now he's suing.
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Old August 3, 2008, 09:47 PM   #42
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charles isaac wrote: They also want compensation for Kathy Brown’s “loss of consortium.”
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imp wrote: I could make all kinds of crude comments about that statement...but I won't.


I'll make a comment! He had the wrong grip.
He should have held it like a cup of hot coffee in the car. IE between the legs, then loss of consortium would be in play.

Maybe stupid will die out in his generation.






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Old August 3, 2008, 10:14 PM   #43
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I think this guy got buck fever and temporarily forgot how to hold the gun correctly. He paid for the brain fart right then and there. The problem is his suing another for his stupid mistake. Unlike the guy from Missouri, who posted his mistake in order to educate others, this guy wants to blame the manufacturer. Many, many people have done stupid things with firearms. I know firearms experts who have accidently shot themselves. In fact, we all have made a mistake or two and gotten away with it. Some have not faired so well. What separates this guy from the rest of us is he is unwilling to take personal responsibility for his brain dead moment.
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Old August 4, 2008, 01:13 AM   #44
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Homer said it best:

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The result will probably be S&W engraving huge ugly billboards into the sides of their barrel like Ruger does.
"Look, Marge, because of me there's a sticker now..."
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Old August 4, 2008, 10:53 PM   #45
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Yup. Just looked at the owners manual on my S&W 500. Page 19 bottom of page says"Keep fingers away from the area between the cylinder and barrel." I bought mine when the X frame was first introduced. Looks like S&W has covered their ass from the begining. The guy needs to man up and say he made a mistake. We live in a world where nobody wants to admit their wrongdoing. We all make mistakes and sometimes there is no fix for them. My grandpa would say "There's no sence in pulling your pants down if you've done s--t in them." I think this is one of those classic cases.
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Old August 4, 2008, 11:10 PM   #46
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+1 Topkicker. The man clearly had no experience with revolvers. I venture to call him an idiot! I doubt he hardly shoot it prior to heading to the woods and that is a whole additional matter of discussion on ethics and sense. You don't even shoot 22rf revolvers with a grip like that or it hurts.

A shooting stick would do wonders!
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Old August 5, 2008, 03:36 AM   #47
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The race to the bottom just picked up more speed.
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Old August 5, 2008, 01:14 PM   #48
Mark F
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And, people wonder WHY everything costs so much. You take an IDIOT (like this guy) and add a scumbag lawyer to the equation and WE (the consumer) PAY regardless of the outcome.

I've been shooting BIG wheelguns all my life, and I have YET to get even so much as a powder burn from the gap.
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Old August 5, 2008, 06:27 PM   #49
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When I was a young lad, I bought a .455 Webley for $20.00. The first time I fired it i had my left thumb in front of the gap. Damn, that hurt!. I learned a good lesson that day. The same time my brother in law had the 1919 Swiss Luger re-blued because he wanted it to be prettier. He lost a ton of money on that trick. A 7.65 Luger in original condition is worth its weight in gold today.

Ah well, the things these young people do.
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Old August 6, 2008, 12:14 AM   #50
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i'm surprised that he's not suing the ammo company too

funny though the 460 is on the list of california safe handguns.
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