Search found 4 matches

by Excaliber
Wed Jan 15, 2014 6:08 pm
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17971

Re: AD's don't just happen

APynckel wrote:
Excaliber wrote:
APynckel wrote:It will always be negligence of the 4 rules of firearms safety.

Thereby, negligence.
Where would you find negligence cases where the operator did everything right and the gun did not function as designed?

An example would be a slam fire like those that occurred in a few cases with the Springfield XDs before the recall when the gun was pointed in a safe direction and no one was injured? .
As long as the firearm was not modified in a way that would have caused it, then this would clearly be at fault of the manufacturer. Just like in engineering, if something you designed and signed off on fails and kills someone, it's your fault.
I think you have a valid point.

My question is: how do you reconcile this position with your earlier statement that all unintended discharges are the result of negligence stemming from a failure to adhere to the 4 rules of firearms safety? This would appear to place responsibility for all unintended discharges, including those caused by manufacturing missteps, on the operator of the gun at the time of the incident.
by Excaliber
Wed Jan 15, 2014 12:46 pm
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17971

Re: AD's don't just happen

APynckel wrote:It will always be negligence of the 4 rules of firearms safety.

Thereby, negligence.
Where would you find negligence cases where the operator did everything right and the gun did not function as designed?

An example would be a slam fire like those that occurred in a few cases with the Springfield XDs before the recall when the gun was pointed in a safe direction and no one was injured? .
by Excaliber
Tue Jan 14, 2014 9:13 am
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17971

Re: AD's don't just happen

03Lightningrocks wrote:Here's one for you that wasn't covered in the Glock manual (I found out by TESTING not by firing it): One of my Glocks (maybe all for all I know) when cocked and placed in the included (tupperware-like) case would "fire" if pressure was placed on the case (e.g., by sitting on it). The place holding pin in the center was DESIGNED to go through the trigger guard in what I believe is a defective design.

Moral: Don't place a loaded Glock in the STOCK CASE.
This is a well known issue. A Glock should be empty and uncocked before being placed into the case. A chamber loaded pistol can be fired by pressing it onto the locating stud alone.
by Excaliber
Sun Jan 12, 2014 6:10 pm
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17971

Re: AD's don't just happen

ldj1002 wrote:What's the difference in accidental and negligence? Anyway if there was such a thing as no accidents, there would be no traffic deaths.
An example of the difference would be a slam fire when loading a semiauto (like those that happened to some owners of the XDs) (accident - there was no intent to discharge and the action taken could not reasonably be expected to result in said discharge), and

Pulling the trigger on a gun you thought was unloaded when it wasn't (negligence - assumed an unverified unloaded condition and deliberately did something that should reasonably be expected to result in a discharge of a loaded gun).

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