New Pistol

[Guest Doubletap2]

First, if I were the one to have bought the pistol and paid shipping to SW, then got it back with the same problem, I would have demanded a call tag from SW to make them pay shipping the second time and demanded a new pistol. If I were the dealer and had to face an irate customer under these circumstances I probably would have given you credit on your purchase and sold you the new pistol...I would collect the tax and tics. If the dealer would not do that, I would take my business else where. I won't get nailed by the manufacturer and the dealer. You let the dealer get you. You should name the dealer so we will know how they worked with you.

The dealer I bought it from would not give a refund and instructed me to return to factory. S&W did pay all shipping cost. The dealer I traded with was not the original dealer and did the best they could considering the circumstances. I will not do business with the original dealer again. With this said, it still stands as to who is liable as described in my previous post.

[Dolomite_supafly]

You notified the dealer of all the issues the pistol had so your hands have probably been washed.

You have to realize that being named in a suit, no matter how frivolous, is going to cost you money. And those who are looking for compensation are going to name as many people as they can just to increase their odds of winning something. Just showing up in court to have it dismissed is going to cost you. In today's litigious society anyone can be sued for anything anymore. All it takes is a sympathetic lawyer who thinks they can win. After the case is dismissed you can go back and collect your legal fees after the fact but the outlay ahead of going to court can be substantial.

Either way I am done and welcome back to the forum.

Dolomite

[glockster157]

First off, when you buy a firearm and carry it for self defense, YOU are responsible for your weapon. If you never fire or test your weapon or skills you have no right to blame someone else. As to the weapon malfunctioning, SW gives a lifetime warranty. You should have contacted them and let them honor the warranty. You could have also asked for compensation for your trouble, like accessories or coupons for cash discounts on other items.

Back to your liability question, everyone wants to sue, Any firearm is subject to fail, you can't blame a dealer for a malfunction nor can you prove that he knew a gun would malfunction and if you buy it and don't test it....well, who is really to blame. Buy a revolver...they work.

[Guest Doubletap2]

Thanks ...nuff said!

[Parrothead]

Wow....3 pages of bitching.....what wa accomplished here?

[Guest Doubletap2]

you don't deserve a response Parrotthead! leave it alone and look somewhere else. Now you have 408 post of, ... blah ... blah ...blah..