I think you have a valid point.APynckel wrote: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.Excaliber wrote:Where would you find negligence cases where the operator did everything right and the gun did not function as designed?APynckel wrote:It will always be negligence of the 4 rules of firearms safety.
Thereby, negligence.
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? .
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.