It would seem to me that at this point, at least some liability would actually rest with the OP. As well as with the manufacturer.
The gun has obviously been identified as "unsafe" and "non-standard," and the OP has recognized that it needs to be repaired prior to use.
From the S&W Product Safety Information page:
NEVER DISASSEMBLE YOUR FIREARM BEYOND THE FIELD STRIPPING PROCEDURE OUTLINED IN THE MANUAL THAT ACCOMPANIED YOUR FIREARM.
Improper disassembly or reassembly of your firearm may be dangerous and can lead to serious injury or death.
NEVER MANIPULATE, ADJUST OR CHANGE ANY OF THE INTERNAL COMPONENTS OF YOUR FIREARM UNLESS SPECIFICALLY INSTRUCTED TO DO SO IN THE MANUAL THAT ACCOMPANIED YOUR FIREARM.
Improper manipulation of any other internal component may affect the safety and reliability of your firearm and may cause serious injury or death.
NEVER ALLOW ANY ALTERATION OR REPLACEMENT OF PARTS IN YOUR FIREARM UNLESS PERFORMED BY A QUALIFIED GUNSMITH USING AUTHORIZED PARTS.
If you do otherwise, improper functioning of your firearm may occur and serious injury or death and damage to property may result.
gd
The gun has obviously been identified as "unsafe" and "non-standard," and the OP has recognized that it needs to be repaired prior to use.
From the S&W Product Safety Information page:
NEVER DISASSEMBLE YOUR FIREARM BEYOND THE FIELD STRIPPING PROCEDURE OUTLINED IN THE MANUAL THAT ACCOMPANIED YOUR FIREARM.
Improper disassembly or reassembly of your firearm may be dangerous and can lead to serious injury or death.
NEVER MANIPULATE, ADJUST OR CHANGE ANY OF THE INTERNAL COMPONENTS OF YOUR FIREARM UNLESS SPECIFICALLY INSTRUCTED TO DO SO IN THE MANUAL THAT ACCOMPANIED YOUR FIREARM.
Improper manipulation of any other internal component may affect the safety and reliability of your firearm and may cause serious injury or death.
NEVER ALLOW ANY ALTERATION OR REPLACEMENT OF PARTS IN YOUR FIREARM UNLESS PERFORMED BY A QUALIFIED GUNSMITH USING AUTHORIZED PARTS.
If you do otherwise, improper functioning of your firearm may occur and serious injury or death and damage to property may result.
gd