Officer shot himself--and the gun store gets sued......

[Parrothead]

Former GPD officer files lawsuit against gun store after incident;

 

*Somewhat Graphic Video*

 

http://www.wbko.com/home/headlines/VIDEO-Former-GPD-Officer-Sues-Gunstore-After--288172101.html

 

What's your take? Who's liable? if you were on the jury, how would you see things?

 

I'll start it off by noting that i believe both are liable. A store should NEVER hand over a loaded gun; it's a great way to get robbed at gun point. However, anyone taking control of a firearm should know its condition without doubt. Both the officer and the gun store representative failed in this regard.

 

The officer paid with his finger tip and the store paid with bad publicity. I'm not sure this should be more than a educational video from this point on. However, this is America and we MUST blame someone else for our poor judgment...........

 

Thoughts?

Edited January 15, 2015 by Parrothead

[TrickyNicky]

My dad handed me a loaded gun this morning, I didn't shoot myself. :ugh: if I had I wouldn't have blamed him, neither would he! :lol:

[mikegideon]

If you pull the trigger and shoot off your own finger, then the right person got shot. There are only 4 rules. Don't need to be blaming somebody else.

[JWC]

My take is he's a pu$$y if he can't be a police officer missing the end of one finger.

My dad smashed his right middle finger off at the last joint and missed like 3 days of work because had had to make trips to the doctor.
My neighbor is a mechanic and I think he has a total of 3 full length fingers from a farm equipment accident early in life. And his aren't the tips, they're at or past the knuckle. He can do anything he wants with his remaining nubs down to threading a needle if he pleases.

Besides that always assume every gun is loaded. Edited January 15, 2015 by JWC

[Omega]

He'll get paid.  Though I think that the police officer should of known better, the store is more at fault.  Who stores loaded weapons for sale in a display case?  Many first gun buyers may of been the ones given a loaded gun and it may of been much worse depending on where the gun was pointed.  

[Ugly]

The shop was wrong but the officer broke the safety rules. Luckily no one else was hurt.

He might
Have lost his job because he's a safety hazard.
Of course hell get paid though, civil suits aren't about right or wrong.

[vontar]

Until known, all guns are considered loaded.

 

When I was 10, I took the TN hunter safety course and they drove home that any time you pick up a gun, check it and know if it is loaded or not.

[nightrunner]

A lot of things wrong with this.

First the gun shouldn't have been loaded in the case.

Then the gun should have been cleared before it was handed to the customer/officer. And showed to the customer it was empty.

Next the officer should have checked it himself to verify it was clear.

He should have also been able to tell by the weight of it that it was loaded.

He also failed to follow the safety rules of firearms handling.

Ultimately it is whoever had control of the gun at the time but the shop employee isn't blameless.

[DaveTN]

Both were careless; so he’ll get a payday. Lucky one of those guys at the end of the counter wasn’t shot.
I’m more curious how and why a loaded gun was put in a display case? Gotta be an interesting story there.

[peejman]

I think the cop's name is Harry and the counter guy's name is Lloyd... Dumb certainly met Dumber in that case. 

 

I wouldn't be surprised if some of the folks on the other end of the counter jump in on the suit. 

[E4 No More]

While both were negligent I feel that the gun store is more so: therefore, they will pay.

[vontar]

He should have also been able to tell by the weight of it that it was loaded.

 

 

I liked it all but that one line.  I won't fault someone holding an unfamiliar gun not being able to tell by the weight. 

 

besides everything else you said,

 

add he should have kept his booger hook off the bang switch.

[Dolomite_supafly]

You can see the officer rack the gun right before pulling the trigger. The bystanders are very lucky because he gun was pointed in their direction when the trigger was pulled.

Not sure why there were rounds in the gun but the officer should have cleared the gun too.

[vontar]

BTW, I can say I have never put my hand over the end of the barrel to do a trigger check.

 

(it does say Former GPD Officer)

 

But this is a good reason I would not want to be disarmed during a traffic stop just so they could run my serial numbers.

With all do respect, not all officers are experts on all guns.

[Capbyrd]

The store was stupid.  But not liable.  


The officer racked the slide.  At that point, if he fails to check it before yanking the boom maker, its entirely his fault.  

[vontar]

Assume and you make an ass out of you and me.

 

Officer assumed it was unloaded.  Now they both look like....

[mikegideon]

One finger up and killed the other finger. The family of the dead finger should sue the killer. 

[bersaguy]

I put equal blame on both. 1st The gun shop failed to check the gun for ammo before it ever went in the case. 2nd a trained police Officer with any common sense should have cleared the gun before racking the action back making the gun hot. Every time I have any one a gun I inform them if the gun is hot or not. I also make sure they know the tube is hot and safety is on. The officer actually armed the gun when he racked it. I still say both are at fault but the Officer should have cleared the gun first. You can bet the gun store has insurance and they will settle this out of court because in the end the Gun Shop would lose in court.............jmho

[E4 No More]

In today's litigious society the business has to assume the stupid customer. The business did not do so. Some states award damages based on a determination of percentage of shared negligence, but I have no idea if Kentucky is one of them.

[tnguy]

One finger up and killed the other finger. The family of the dead finger should sue the killer. 

 

One, two, three four. I declare a thumb war.

[K191145]

I'll hand over a loaded gun to SOME people I know and always tell them it's loaded and chambered. Some other people I know i'll unload it, and some others I wont hand it over at all because they would act like an idiot and treat it like a toy.

[vontar]

I'll hand over a loaded gun to SOME people I know and always tell them it's loaded and chambered. Some other people I know i'll unload it, and some others I wont hand it over at all because they would act like an idiot and treat it like a toy.

I assume the gun is loaded when anyone hands me one.

 

I swear my father in law had me check about every gun he owned.  Sometimes I will be at his place and he keeps pulling out guns to look at.  Which I check each and every one as handed to me.