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  • jchen76@gmail.com
    Senior Member
    • Nov 2004
    • 2092

    Glock being sued for having no safeties -




    LAPD officer shot by his son sues gun maker

    A retired Los Angeles police officer paralyzed when his 3-year-old son fired his father's handgun while riding in the family pickup in Anaheim two years ago filed a lawsuit Wednesday against the gun's manufacturer.

    Enrique Chavez, 37, of Anaheim, was off-duty when he was shot on July 11, 2006, while driving his Ford Ranger near Harbor Boulevard and La Palma Avenue. His son got a hold of his father's .45-caliber weapon while sitting in the back seat and shot him in the back, according to police reports. The son was not restrained in a safety seat.



    The lawsuit alleges that Glock Inc.'s gun was dangerous because its safety device was "nonexistent or ineffective" at preventing an accidental shot.

    Chavez, a 10-year veteran of the LAPD, is also suing the manufacturer of the gun holster and the retail stores that sold him the gun and holster. He bought the gun at the Los Angeles Police Revolver and Athletic Club and purchased a holster made by Uncle Mike's and Bushnell Outdoor Products from Turner's Outdoorsman.

    The lawsuit alleges the defendants knew the safety device was defective and that 5.5 pounds of pressure on the trigger frequently results in accidental discharges. The lawsuit alleges product liability, breach of warranty and loss of consortium and seeks general, special and punitive damages and attorney fees.

    A Glock spokesperson declined to comment, saying that the company has not yet seen or heard of the complaint.

    Chavez was left paralyzed from the waist down.


    There seems to be more to the story on how the 3 year old managed to get a hold the gun. I guess the officer couldn't sue his 3 year old.
  • #2
    Black Majik
    Calguns Addict
    • Oct 2005
    • 9695

    I hope he loses. Blaming the company for his irresponsibility...

    Comment

    • #3
      ldivinag
      In Memoriam
      • Oct 2005
      • 4858

      why can he sue himself?

      after all he is responsible for all the actions of his kid...
      leo d.

      Comment

      • #4
        Kruzr
        In Memoriam
        • Oct 2005
        • 1751

        Once again, an adult refuses to take responsibility for his own mistake and now needs to point the finger elsewhere. It is a tragic story but how many of us would leave a loaded gun in reach of an "unrestrained" 3 year old?

        I'm curious if charges of child endangerment were filed. If this were to happen in your home, you would be charged with a felony.

        The gun performed exactly as it was intended to.

        Comment

        • #5
          USN CHIEF
          I need a LIFE!!
          • Nov 2007
          • 11540

          The sad part is that he will actually win since it happened here in CA. I agree with you all in that he should not get any money for his neglect.
          Originally posted by tankerman
          I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
          Originally posted by Douglas711
          Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

          Comment

          • #6
            bruss01
            Calguns Addict
            • Feb 2006
            • 5336

            The lawsuit alleges the defendants knew the safety device was defective and that 5.5 pounds of pressure on the trigger frequently results in accidental discharges.
            IF YOU ARE PULLING THE TRIGGER THAT IS NOT ACCIDENTAL! THAT IS HOW IT IS SUPPOSED TO WORK!
            The one thing worse than defeat is surrender.

            Comment

            • #7
              dfletcher
              I need a LIFE!!
              • Dec 2006
              • 14806

              I'm sorry, but if you leave an unattended 3 year old in the back seat of a car with a loaded handgun isn't it forseeable he could get his hands on the gun? Where's the DA on this - what happened to the "if you leave a loaded gun where a kid gets it" law? Shouldn't Dad be charged under that law? I didn't think there was an exemption for the kid injuring the person who owns the gun.

              I don't know that he could somehow sue the kid, but I'll bet there's some unusual insurance angle to be had here.

              I'm surprised he didn't also sue Hoppes & Gunslick for their role in making the gun function properly.
              GOA Member & SAF Life Member

              Comment

              • #8
                Blwnbwtie
                Member
                • Jan 2008
                • 300

                idiots, this is like the mcdonalds coffee thing all over again.

                Comment

                • #9
                  bwiese
                  I need a LIFE!!
                  • Oct 2005
                  • 27621

                  That Glock was sold in interstate commerce.

                  I think PLCAA will enter the playing field here: it was designed to stop BS things like this.

                  BTW, the father is guilty of a crime, why hasn't he been charged?

                  Bill Wiese
                  San Jose, CA

                  CGF Board Member / NRA Benefactor Life Member / CRPA life member
                  sigpic
                  No postings of mine here, unless otherwise specifically noted, are
                  to be construed as formal or informal positions of the Calguns.Net
                  ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                  employer. No posts of mine on Calguns are to be construed as
                  legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    RRangel
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 5164

                    This is exactly why the Protection of Lawful Commerce in Arms Act was passed in 2005. I think it's pretty negligent to leave a loaded firearm where a toddler can get it. If your job is to carry you should be up to speed on basic safety issues that goes especially for someone who has the job of law enforcement. Negligence is not "accidental".

                    Comment

                    • #11
                      Slayer
                      Banned
                      • Apr 2008
                      • 2373

                      Wow, what a typical LEO/democrat. He leaves his son unrestrained in his truck, leaves his firearm within reach of the kid, the kid shoots him and now he wants to sue? He should be arrested and imprisoned.

                      Glock has a pretty decent safety - dont let a toddler pull the trigger and your kid wont cripple you!

                      Comment

                      • #12
                        Vin496
                        Calguns Addict
                        • Mar 2008
                        • 8804

                        Isn't he supposed to be in jail under California law? I mean aren't you sentenced to life here(I know not the real sentence) if a child gets a hold of your piece and causes harm with it?

                        Isn't that what all these locks and safes are for. Somehow I think if he wasn't LEO this wouldn't even be a factor.
                        I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                        and

                        If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                        Comment

                        • #13
                          sorensen440
                          Calguns Addict
                          • Mar 2007
                          • 8612

                          thats why I only let small children play with loaded guns that have saftey's
                          "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson

                          Comment

                          • #14
                            rg_1111@yahoo.com
                            Calguns Addict
                            • Feb 2003
                            • 5749

                            It's NOT Glock's fault. It's the officer fault. Just another case of poor gun safety & handling.
                            If anything the officer should do some jail time. If any of us let our kids get ahold of a gun we would have to be responsible. It's the gun owner's fault.
                            Sorry the guy got shot.

                            Comment

                            • #15
                              Two Shots
                              Senior Member
                              • Mar 2007
                              • 2022

                              The son was not restrained in a safety seat.
                              5.5 pounds of pressure on the trigger frequently results in accidental discharges.
                              Yea, Thats how triggers work, So easy that a 3 yr old can do it.. First the gun was in the backseat with the kid, How does that make the manufacturers,Retail store the problem? Seems like a careless parent. The The guy should have had it in his imediate possesion not in the back seat, If the safety (If the guy had put it on) was on the kid had figured out how to take the safety off after removing it from the Holster without dad noticing. I hope the courts throw this out and make him take parenting classes. It's sad he's paralyzed but it's his fault and no one elses. I feel for his son, He'll live his life knowing he shot his dad.

                              They didn't mention if he'll sue the ammo company or his firearms instructor back at the Academy and don't forget his wife she was the one that got pregnant and gave birth. It's everyones fault, I was a Victim.
                              Last edited by Two Shots; 07-10-2008, 11:44 AM. Reason: Forgot to add the Ammo Co and his Wife
                              "I have a love interest in every one of my films - a gun."
                              - Arnold Schwarzenegger

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