Revolver cylinder gap gas severs thumb, now shooter sues S&W

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AirPower

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I knew about cylinder gap gas pressure, but could it really take off a thumb?

http://www.nwanews.com/adg/News/236609/

-Gun maker sued for thumb being severed
BY LYNN LAROWE TEXARKANA GAZETTE
Posted on Sunday, September 7, 2008

A man whose hand was seriously injured the first time he fired a revolver in the field is suing the weapon’s manufacturer, Smith & Wesson, in federal court in Texarkana.

In response, the gun manufacturer said there are no problems with the design of the weapon, a 460 model revolver, and that the man caused the accident by not heeding its warnings.

The lawsuit, filed in July by Todd and Kathy Brown of Rosston, alleges negligence by the gun manufacturer is to blame for a Dec. 27, 2007, accident in which Todd Brown’s left thumb was severed.

Smith & Wesson’s answer, filed Aug. 14, puts the blame on Todd Brown.

“Any injuries and damages claimed by the plaintiffs were the result of Todd Brown’s misuse of the handgun and his failure to follow the warnings and instructions provided by Smith & Wesson,” the answer states. “Smith & Wesson says that any injuries or damages sustained by the plaintiffs were solely, directly, and proximately caused by Todd Brown’s negligent actions and conduct.” The Browns’ lawsuit notes that Todd Brown purchased the 460 revolver after seeing ads that touted it as a great way to hunt game, such as deer. Brown bought his gun and a scope on Dec. 21, 2007, for $ 1, 896. 58.

“Shortly after his purchase, Todd fired a few rounds from this revolver utilizing a table rest in order to sight-in the scope,” the lawsuit states.

Then, on Dec. 27, 2007, the first day of the Christmas deer hunt, Brown took his gun hunting.

“The niceties of a table rest to support the revolver being unavailable in the field as one never knows from which direction game will appear, Todd had to support this very heavy gun entirely with the strength of his hands and arms while trying to steady the cross-hairs of the scope on the deer, and in doing this, Todd held the pistol grip with his right hand and placed his left hand under the trigger guard of the revolver and also braced the gun against the window of the deer stand,” the complaint states.

After firing at the deer, blood began “spurting up in the air and on his gun and clothes.” Brown’s left thumb was severed by the gases escaping from the barrel cylinder gap when it was fired, and a deep gash was left on his palm, the lawsuit states.

The lawsuit claims that Smith & Wesson should have known a hunter might move a hand forward on the weighty gun’s barrel when trying to site an animal and should have factored that possibility into the gun’s design.

“Further, Smith & Wesson was negligent in failing to give Todd Brown a reasonable and adequate warning and instruction respecting the nature, extent and severity of the danger of the devastating injury and harm (i. e., it will cut your hand off ) presented to a shooter by its Model 460 Magnum Revolver,” the lawsuit argues.
 
Can't fix stupid!

But you can always hire a lawyer and sue somebody for your stupidity!

BTW: Hope he doesn't win, or we can expect to see Safety Cages around the cylinders & frames on all new revolvers.

rcmodel
 
Well, with most revolvers this would have resulted in some severe burns and possibly a deep cut in the finger/hand. But he had to have that super-duper-ultra-death .460 Magnum, and, well, now he's paying the price for not reading the instruction manual (or just disregarding the bit about being sure to keep both hands behind the barrel-cylinder gap).
 
This guy's story made the rounds a while back; now he's suing. It does say in the manual to keep away from that gap so I don't know what they guy's legal justification is. There was a similar case a looooong tiome ago involving a guy who went out and bought a Hemi 'Cuda or something, a very powerful muscle car. He spun it around and crashed and then sued the maker, saying that it was a inherently, negligently dangerous vehicle. That guy didn't win and neither should this guy. I hope, I hope, I hope this guy doesn't win this suit and that S&W doesn't settle out of court to just make it go away. If he wins, everyone that dumps their motorcycle because they popped the clutch too hard will be able to collect.
 
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On top of the shooters stupidity, there is always some money hungry mouth piece, shyster lawyer, ready to screw someone or company because of his clients ignorance.
 
The lawyers argument will be that S&W should have had some sort of guard or cover over that area so that possibly couldnt happen to his ignorant client. And even though it still clearly states in the manual to avoid this area there wasnt a warning stamped into the side of the gun to remind him:rolleyes: .

And we wonder why we have side locks on S&W's now:banghead:
 
Why does not S&W file suit against him for not reading and following the instructions?
Makes just as much sense to me.
I guess S&W should have put it in bold type to not do what this idiot did. That would have made it all better.
Stupid people just get to me sometimes.:cuss:
 
Brown bought his gun and a scope on Dec. 21, 2007, for $ 1, 896. 58.

not only did he not know how to properly shoot a revolver, he didn't know what they're worth or where to get a good price on one. Even with a $400 Leupold on it, he paid $500 too much.

Todd held the pistol grip with his right hand and placed his left hand under the trigger guard of the revolver and also braced the gun against the window of the deer stand,”

I'm guessin' the idiot wasn't wearing ear protection either and after shooting that X-Frame in an enclosed area, his ears were probably bleeding also.

He needs a sign...not a lawyer.
 
I feel this should be a landmark case... the idiot should have to reimburse S&W for their legal costs in defending themselves as well as pay court costs. I guess a thumbprint for ID when offering his check for payment won't be forthcoming, either...

I'm not trying to be too trite - it's just that there has to be a stop to this style of litigation - hot coffee burns, too.

Stainz
 
Does the extent of this injury even sound plausible? A severe burn would be understandable, but a severed thumb!! :confused: Sadly, I would think that S&W will end up settling out of court which is how many of these frivolous lawsuits end up. :(

If ever there was a worthwhile experiment for the guys at Mythbusters this has to be it!!
 
ive seen cuts and burns. But considering the caliber, 460? id say he got off lucky. And maybe he should never be allowed to reproduce or buy any more guns.
 
A severe burn would be understandable, but a severed thumb!!
Yes, it is entirely possible.

Normal revolvers like the .38 Special and .45 Colt run less then 15,000 PSI pressure.

Magnums like the .357 & .44 run 36,000 PSI.

The .460 S&W runs 65,000 PSI, and burns a powder charge equal to many centerfire rifles such as the 30-06.

The blast out of the cylinder gap would be almost like a plasma cutter used to cut metal!

rcmodel
 
Hell of a way to find out that your method of holding a revolver isn't the correct way! :what:Yeah he's kind of dense, bet he bought that .460 'cause it was a pussycat to shoot too. Wonder if he ever read any articles on top strap erosion on high pressure revolver rounds.
 
I wouldn't be surprised if S&W doesn't start mounting some kind of small shield on the big wheelguns to deflect gas either forward or up.
 
To test this when I heard about it, I rolled up some corrugated cardboard until it was about an inch thick, and held that adjacent the cylinder gap of a 686 with a magnum load... it didn't cut the cardboard, it confettied it.
 
does anyone have a PIC of the PROPER way to grip a revo?
is it diff than a semi auto?

I guess I never thought theres a different way.
 
Just don't stick your fingers up by the end of the cylinder.

Simple as that.

All kinds of stuff comes out of there sideways, even on .22's.

rcmodel
 
It's possible.

I was shooting my 500 Magnum on a 4x4 piece of wood. I had a towel neatly folded on top of the wood block. I didn't use my leather bag because I knew cutting would happen and didn't want to ruin the bag. I believe the owner's manual speaks of caution due to the gases that escape the sides, top and bottom (where there is no strap).

I was resting the gun on the terry cloth towel and each time I fired, it was cutting the towel and actually blowing it out from under the gun.

A couple of shots made little cuts in the wood surface, almost like the wood was sandblasted. That being said, it didn't appear to be something that would sever a finger. I suppose I could go out back and try a round, but I have grown somewhat "attached to my fingers."

The article states he "also braced the gun against the window.":uhoh: My question is did any glass break, or were there any raw edges of glass anywhere?:confused:
 
S&W Manual....

http://www.smith-wesson.com/wcsstore/SmWesson/upload/other/S&W_Revolver_Manual_09-12-07.pdf

The manual on the S&W site states on page 19:

WARNING: ALWAYS KEEP YOUR FINGERS AWAY
FROM THE AREA BETWEEN THE CYLINDER AND
THE BARREL DURING FIRING. PARTICLES AND HOT
GAS WILL BE FORCED OUT FROM BETWEEN THE BARREL
AND CYLINDER IN ANY REVOLVER DURING NORMAL USE.
FAILURE TO FOLLOW THIS WARNING WILL CAUSE SERIOUS
PERSONAL INJURY.
• Always use the proper grip as shown for a two-hand hold
(Figures 11 & 12). This keeps hands and fingers away from
the barrel/cylinder gap.
• Never allow hands or fingers to extend beyond the front of the
cylinder when firing (Figures 13 & 14). This is an improper
hold for any revolver.


I guess one should read the manual and heed the warnings.
 
Should have quietly locked this thread at post #20 and let Antibubba have the last word

(it was funny, I don't care who you are)
 
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