Monday, November 26, 2012

Interesting article about a man shot on a toilet

Below is a very interesting article published in The Southeast Texas Record.

Man shot while on toilet sues Remington

A hunter who was shot while sitting on the toilet at a hunting club two years ago has filed suit against Remington Arms, alleging the rifle that shot him had misfired.
Chad and Dusky Hall filed suit against Remington on Oct. 29 in Jefferson County District Court.
According to the lawsuit, on Oct. 23, 2010, Chad Hall and Michael Biesiada were hunting at the Cedar Creek Hunting Club in Trinity County. Around 5:30 a.m., Biesiada, while in his cabin, began to check his Remington 700 to determine if the rifle was loaded.
“When Biesiada touched the handle of the bolt, the rifle discharged and the bullet traveled through the wall,” the suit states. “Chad was sitting on the commode when the bullet … exploded through the wall.
“Chad heard the explosion and glimpsed debris flying and immediately attempted to avoid injury by pushing himself off the commode … however, when Chad put his right hand on his right thigh, (the hand) entered a hole in his right quadriceps that extended from nearly his knee to his torso.”
Chad was rushed to hospital and underwent multiple surgeries.
He currently suffers from nightmares and flashbacks about the shooting, resulting in depression and lose of hope for the future, the suit states.
The suit further alleges Remington is strictly liable to the Halls for designing, manufacturing and placing into the stream of commerce a defective rifle.
On top of exemplary damages, Hall is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Houston attorney Joseph Watts of Adair & Myers represents the plaintiffs.
Judge Donald Floyd, 172nd District Court, is assigned to the case.

This article touches on a controversial area of the law, which is lawsuits stemming from guns mis-firing. It can be difficult to prove that the gun misfired rather than someone just mis-used the gun.This can be especially true for cases involving more powerful guns and attachments. That is why these cases will often come down to the testimony of a gun expert. This case also shows that an injury can occur anywhere, even where you least expect it. So be careful out there!

Case No. E193-495

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