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Range liability for reloads

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  • winnre
    Calguns Addict
    • Apr 2010
    • 9214

    Range liability for reloads

    If I take my .38 to the range and the gun blows up in my hand due to faulty factory ammo, I may have a case against the manufacturer.

    If it blows up because I made a hot load, the joke is on me.

    But what if I buy range reloads to save money and one of them turns out to be bad and destroys my gun? Did I assume responsibility when I accepted the use of reloads? Is the range of their loader liable in any way? Can this go either way or is there case law already set?
    "If Jesus had a gun he would be alive today"-Homer Simpson
  • #2
    CS25
    CGN/CGSSA Contributor
    CGN Contributor
    • Nov 2011
    • 1342

    Thats unfortunate, sorry to hear that happened. I would consult an attorney.

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    • #3
      winnre
      Calguns Addict
      • Apr 2010
      • 9214

      Nope, has not happened yet, I am just fearful of reloads and try to use store ammo when I can. But with reload prices about 1/2, I may be tempted. I just wonder who, at that time, is assuming responsibility for a good cartridge.

      I can sell you my car as is, you get ten feet off my driveway and it falls apart, I have zero liability. Same with reloads?
      "If Jesus had a gun he would be alive today"-Homer Simpson

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      • #4
        CS25
        CGN/CGSSA Contributor
        CGN Contributor
        • Nov 2011
        • 1342

        Just reload yourself! Just learn from someone.

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        • #5
          uhlan1
          Calguns Addict
          • Aug 2012
          • 6217

          The range would be liable, and the re-loader I would think. A release of liability does not release one from negligence or faulty equipment claims. Those are more for when you do something stooopid.
          "Hence it happened that all the armed prophets conquered, all the unarmed perished." - Niccolo Machiavelli

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          • #6
            toby
            Banned
            • Jan 2010
            • 10576

            No one is gonna load ammo for resale and not be totaly covered for malfunctions. WAY too much liability don't ya think????? IMO you cheaped out and bought it, you shot it, you deal with it.

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            • #7
              uhlan1
              Calguns Addict
              • Aug 2012
              • 6217

              It's simple product safety/liability law. You cannot waive away someone's liability for product, or negligence for that matter. The range and the re-loader would be on the hook.
              They refuse, and I'm assuming damage under 7500.00, off to small claims you go.
              "Hence it happened that all the armed prophets conquered, all the unarmed perished." - Niccolo Machiavelli

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              • #8
                Audredger
                Member
                • Apr 2011
                • 221

                The "range" would only be liable if they did the reloading. The "company / person" doing the reloading would be liable.

                This is one reason I reload my own stuff. I will never buy nor shot reloaded ammo that does not have the manufacturers name & address on the package. You see it all the time; zip-lock bags of reloads at the gunshows with no name nor address. Even if it were free, I would not shot it!!!
                State of Jefferson = Liberty, Representation, Fiscal Responsibility, Opportunity = Much More than Just a State of Mind

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                • #9
                  Vampyredark
                  Senior Member
                  • Sep 2011
                  • 502

                  Dont take this for sure, because I cannot remember correctly, but No they would not be liable if you bought it from someone or someplace that does not have liability for their reloads. Buy stuff that says re-manufactured ammo because they are supposed to have liability.

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                  • #10
                    DarkSoul
                    Senior Member
                    • Nov 2011
                    • 977

                    Something else that may play into this, is that pretty much all gun manufacturers state that using "reloads" will void any and all warranty on said firearm, so that, along with your knowledge that you are using reloads, IMO, it's possible that you may be out of luck.

                    Now that being said, I have purchased thousands of rounds of reloads, mostly from LAX and have as of yet, never had a problem. I now reload all my own ammo, and have loaded tens of thousands of rounds with no issues (knock on wood).

                    Comment

                    • #11
                      RandyD
                      Calguns Addict
                      • Jan 2009
                      • 6673

                      The general rules under product liability law is that anyone involved in the stream of commerce of putting a negligent product on the market can be held liable. This is why some products are so expensive. An anaylsis would have to be done to determine if the cause was a hot load, or if the firearm had a maufacturing design or a manufacturing defect. Generally, the only risk an end user assumes is when intentional misuse is involved, or if the harm was foreseeable. Hope this helps.
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