This case involves a plaintiff who was a severely injured after her firearm malfunctioned. The plaintiff had purchased an automatic pistol for personal use. When she first took it to a firing range to use, the gun was not firing properly. She took the gun back to the defendant (whom she had purchased the weapon from) to have it examined and fixed. The employee at the counter took the firearm to the back for about 15 minutes and claimed he fixed it. The plaintiff then took the pistol out to the range and upon firing the first round, the gun misfired and went on full auto causing the plaintiff to shoot herself in the hand. It was alleged that there was a safety pin issue with the weapon. An expert was sought to perform an in-person inspection and opine on whether or not the pistol was returned to the plaintiff in an unsafe way.
Question(s) For Expert Witness
- 1. Please describe your familiarity with firearm design as it relates to accidental discharge.
- 2. Based on an inspection of the firearm, will you be able to determine if the pistol was returned to the plaintiff in an unsafe way?
Expert Witness Response E-006690
I am a third generation gunsmith and have been analyzing firearms for 15+ years now. As a gunsmith, I have helped customers fix problems with their guns and I have experience identifying safety issues. I will be able to determine if the pistol was returned to the plaintiff in an unsafe way.