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Product Liability

Gun maker sued over defective mechanism

January 16, 2015

Many Illinois residents are avid gun enthusiasts. Some people collect them in the same way that other people collect stamps or baseball cards. They enjoy going to a shooting range to work on their sharpshooting skills or taking them on hunting trips. Sometimes, a Chicago product liability lawyer will tell you that these guns are even handed down from father to son. Given the special risks associated with firearms, it is the responsibility of gun makers to ensure their products are safe to use.

A defective product

In Montana, a new lawsuit has been filed in federal court against Remington Arms Company, a gun manufacturer. According to the Independent Record, the claim states that the company is aware that the Model 700 rifle has a defective mechanism, which allows the gun to fire when the trigger has not been pulled. In spite of the company’s alleged knowledge of the defect in its Walker Fire Control, it has failed to remove the rifle from the market or warn consumers of the danger.

Multiple allegations

This is not the first lawsuit filed against Remington because of the damages caused by the faulty Walker Fire Control design. It was also incorporated in the Model 600 series. The company recalled those firearms in 1978, when an Illinois man was awarded $6.8 million after an injury that paralyzed him from the waist down due to a hunting accident. However, the 700 series still contains the Walker Fire Control.

This class-action suit goes further than many of the other claims against the company, alleging the following:

  • Strict liability
  • Negligence
  • Failure to comply with warranties
  • Fraudulent concealment
  • Unjust enrichment

The most recent class-action lawsuit alleges that by failing to recall the faulty model, the company is guilty of negligence. It further states that all profits gained from the sale of the Model 700 are legally unjustifiable and should be distributed among those who have suffered from injuries or fatalities due to the product. The claim charges that the company is putting profit above the public’s safety, and that failing to fulfill the assertions of safety constitutes a breach of warranty.

Remington is required to fulfill their assertions of the safety of the product, and failure to do so has led to a breach of warranty, according to the lawsuit. A Chicago product liability lawyer often may provide clients with information about a federal law called the Magnuson-Moss Warranty Act, which is mentioned in this lawsuit. It states that a manufacturer is obligated to provide detailed information about what is covered under the warranty. Rather than paying to rectify the situation, the company has required gun owners seeking to replace the mechanism to pay for the replacement part and shipping costs.

Preventing more injuries and fatalities

The goal of this lawsuit is not just to hold the company liable for the defect or seek compensation for damages, according to those filing it. It is intended to raise public awareness about the danger the faulty trigger poses to everyone who owns this particular gun model. In addition, the plaintiffs want Remington to recall and fix the guns, and award compensatory, punitive and statutory damages to all those who join the class-action lawsuit.

Any individual in Illinois who suffers an injury due to a faulty product should contact a Chicago product liability lawyer to explore all the options and ensure that the guilty parties are held responsible.

If you have been injured in a personal injury or medical malpractice accident, do not hesitate to contact the Chicago accident and injury law firm of Cogan & Power at (312) 477-2500 to schedule a free case consultation, so that we can help you begin the process of recovery as soon as possible. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.