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mojo84 wrote:Was this an accident or negligence? I see it was referred to as an "accident" in the thread.

http://www.texaschlforum.com/viewtopic. ... e+accident

Accident.. A part was created using established procedures and materials..a part that has been used successfully previously. The part and the machine were used in established known safe and prudent manner in accordance with all rules and laws.

Had I intentionally used a faulty part.
Had I intentionally used a part know to be substandard for the task
Had I intentionally created a part I knew to be substandard and used it anyway...
Had I intentionally used the motorcycle in an unsafe, imprudent manner, that was proximate cause for the part failure...
Id call that negligence..
Said another way.. I picked up a firearm believed to be in good condition, recently worked on, but passed dry fire tests, loaded it with the muzzle pointed a safe direction, aimed at the target, and touched the trigger but did not depress it, and the gun failed and fired unintentionally.

That would be an AD much like putting on all your gear, pre ride checking a motorcycle, riding it in a safe and legal manner and having a part believed to be in good working order fail..is an accident...not negligence.

It's fun to see who gets hypersensitive over the negligent vs accidental terms as if they are always mutually exclusive.

.

Normally the only ones i see push to use the phrase " Accidental discharge" were involved in the event or have been previously involved in an ND...and most times will omit that gem...

Those responsible to investigate, review, recommend remedial action or punishment tend to call them negligent discharges based on findings...not just generalities....

If the shot gun fell off the counter due to not being secured and it discharged without having the trigger depressed by a human, it might be an accidental discharge.

If said human in a physical struggle with another human, or emergency event, depressed the trigger unintentionally, that might be an accidental discharge.

If said human depressed the trigger with finger, toe, nose or object by there doing intentionally.... it was a negligent discharge...IMHO...
An opinion that was made by me, accepted by many others and used several hundred times over the course of 28 years.

With many millions of humans, all very inventive and such, there are many ways to have an accidental discharge,,in my hard own personal experience, most are not an accident ..but negligent.