California Court: reasonable jury could conclude Glock design faulty

[FrogDog22]

http://www.sfgate.com/bayarea/article/Judge-allows-paralyzed-dad-to-sue-Glock-3732408.php

Court of appeals reversing trial court, holds reasonable jury could conclude that the Glock design is faulty.

Background: LEO put a loaded Glock 21 under the seat of his truck and forgot about it. His 3 year old son found it and accidentally shot daddy with it, paralyzing him. LEO is now suing Glock for damages, alleging the handgun's configuration, with a purportedly "light" trigger and lack of external/grip safety, is a faulty design.

Trial court tossed the case, I assume on summary judgment. Court of appeals reverses. Back to the trial court for round two.

If Glock loses, it sounds like you may be getting external safeties (and/or heavier triggers?) on your Glocks, at least in California... I'll turn it over to the commentariat, which, here, is significantly more knowledgeable than I am on these issues.

 

[armoredman]

I will further add that the Legislature of California will probably quickly add a caveat that Law Enforcement is exempt, otherwise they may have to spend millions more they don't have on new sidearms for all their police depts that use Glock. That, of course, will leave civilians stuck with a new add on requirement, and possible confiscation of "dangerous" guns, but the guy who started it all will still have the same gun.
Sorry, just my opinion after watching Cali and other states auto exempt PDs from firearms restrictions.
Extreme version, DOiJ gets involved, decides to stop Glock importation until faulty design fixed, (regardless of the GA factory), and mandates Fed agencies rid themselves of Glock for the same reason. Congress appoints a commission, which ultimately decides everyone must have their trigger fingers removed at birth, "for the children".
Do you have any tin foil left over, I'm running short.

 

[gc70]

I thought California has a safe storage law; are LEOs exempt?

 

[Cosmoline]

California courts of appeals--the last government run asylum. Well other than the New Jersey Supreme Court.

 

[Johannes_Paulsen]

Chavez had removed the child's car seat from the truck and had forgotten that he had left his Glock, which he always kept loaded, beneath the front seat, the court said. Less than 10 minutes into the drive, Collin picked up the pistol and, while the truck was stopped at a red light, shot his father in the back.

Speechless at this decision....

 

[Bubbles]

If Glock loses they should immediately issue a product recall of all Glock pistols that have been sold to LE for an emergency repair, and then return the pistols with 20 pound triggers.

ETA: And for those of you who were asking about why the cost of guns is so high...

 

[316SS]

If Glock loses they should immediately issue a product recall of all Glock pistols that have been sold to LE for an emergency repair, and then return the pistols with 20 pound triggers.

Better yet, tear a page out of Barrett's playbook, and recall the guns and don't return them at all. And when they ask when the Kali-legal versions will be ready, tell them "never."

I thought California has a safe storage law; are LEOs exempt?

Yes we do. And no they aren't. At least not in theory.

 

[fatcat4620]

Only in CA would they make LE exempt when it was LE who caused the problem.
I like the way you think 316SS. At lest recall all the weapons and return them with factory 12lb triggers.
Was the G21 his issue duty gun?
Also glock will never add an external safety. If Gaston wanted to add one he would have gone after military contracts.

 

[9mmepiphany]

If Gaston wanted to add one he would have gone after military contracts.

If that was meant to be tongue in cheek , you forgot the smilie

For those who aren't familiar with the history, if it hadn't been for an Austrian military contract, the Glock 17 would have never existed

 

[Deanimator]

If Glock loses they should immediately issue a product recall of all Glock pistols that have been sold to LE for an emergency repair, and then return the pistols with 20 pound triggers.

No, a 40 pound trigger, and they have to enter an alphanumeric code on a keypad for EVERY shot.

 

[hammer502]

i seem to remember that there is a light trigger assembly that is available to LE only? maybe this was installed,but still doesn't excuse the storage issue!

 

[unspellable]

Law Enforcment

One thing that's going to happen here is that the anti crowd will add this to their statistics on gun related injuries and then use them as fuel for their "Only law enforcement should be allowed to posses these weapons!" spiel.

I've long been of the opinion that LE should be banned from possessing any weapon not available to the general public.

 

[Birch Knoll]

i seem to remember that there is a light trigger assembly that is available to LE only?

No, there are heavier trigger options available for law enforcement.

 

[ugaarguy]

From the article linked in the OP:

The Police Department later took unspecified disciplinary action against Chavez for failing to control his firearm, the court said.

As they should have.

"Guns are not designed or manufactured for children," Renzulli said. If the case goes to trial, he said, the company believes a jury will conclude that the fault lies with Chavez, who "left a loaded firearm within the reach of his young son."

If only the court of appeals judge understood that.

 

[Victor1Echo]

OMG! So Glock has a faulty design because some LAW ENFORCEMENT OFFICER forgot he had a loaded gun in his car. What a piece of trash! He should be in jail for child endangerment! And his child should be put in CPS, and he should lose his job after spending 30 days in jail. Oh wait that would only happen to me because I'm not a COP. GARBAGE! Sorry, but I live i California, and have to deal with the end result of these nonsensical lawsuits.

 

[leadcounsel]

So much for LEOs being so responsible for their guns... another argument that civilians are just as good/or bad with guns as LEOs...

Not a faulty design. A faulty user... it operated as it was designed.

 

[9mmepiphany]

i seem to remember that there is a light trigger assembly that is available to LE only?

No, there are heavier trigger options available for law enforcement.

There are actually two...the NY-1 (+3lbs) and the NY-1+ (+5lbs)...but they aren't just available to LE. Many non-LE folks run a 3.5lb connector with the NY-1 to get a normal weight trigger with additional tactile feedback.

The lighter Glock trigger assembly is their competition 3.5lb one

 

[Frank Ettin]

Here an LEO left a loaded gun unsecured where a child could get it, and now he's suing the gun make because the kid got the gun and shot him.

On the other hand, in Washington State an LEO who left a loaded gun unsecured where a child could get it was charged with manslaughter when the kid used the gun to kill a sibling.

 

[Zoogster]

This is just stupid. The design does not even come into play in this case. The child could have used its thumb to push down on a 20lb trigger and shot himself or his dad.


Storing the gun where the child had access, and then personally placing that child in the vehicle, was the problem.
The guy that placed the gun there, knew the gun was there, also placed the child there.

Had to edit, LEO are exempt from the California law that punishes someone for allowing a child to have access to a gun by having it where they reasonably would be able to access it, that then results in serious bodily injury to them or someone else. A felony.
(There is also another exemption that could apply, but the LEO one clearly trumps the law no matter the interpretation.)

 

[leadcounsel]

Personal IRResponsibility continues in CA

 

[WardenWolf]

Well, I don't concur with the design being faulty. I do, however, believe that a lever-locking trigger such as Glocks have should not legally be considered a safety device as it does nothing to inhibit the weapon firing if the trigger is accidentally bumped or pulled, and these guns should have to have a manual safety as well. It's not the gun's fault in this case, however. The child could have easily taken a safety off. It is entirely the father's fault for placing a loaded gun within reach of his child.

 

[General Geoff]

The trigger on a Glock (and all other firearms) IS the ultimate safety device. Don't pull it, and the gun won't fire!

Leaving the gun where it can be discovered by a child is neligence on the part of the gun owner, not the manufacturer.

 

[DefiantDad]

Can a 3-year old rack the slide on an unchambered Glock?

 

[ConstitutionCowboy]

California Court: reasonable jury could conclude Glock design faulty

Reading this thread would be an an exercise in futility for me. The basic premise of the court case is bogus. The real trial should be the on the negligence of the gun owner. He left it where his son, uneducated in firearms safety, could get to it.

Woody

 

[bushmaster1313]

Sad all around