If no, then there is one here
https://www.ksl.com/article/50870591...-manufacturer-
If no, then there is one here
https://www.ksl.com/article/50870591...-manufacturer-
Doesn't read posts longer than two paragraphs.
Based just on the portions of the Complaint quoted in the article, it seems well done. Clear and direct in articulating the connection between the defect and injury (as opposed to some of the P320 lawsuits). I guess I should say “alleged defect,” although I doubt there’s anyone here who thinks it’s yet to be proven.
Any legal information I may post is general information, and is not legal advice. Such information may or may not apply to your specific situation. I am not your attorney unless an attorney-client relationship is separately and privately established.
This one bears watching.
I wonder if the fact that multiple major agencies (LAPD, Dallas, Vegas, CT State Police, plus FLETC which is not mentioned here, and the smaller agencies) prohibit the SERPA could start to approach the level of an industry standard of care, opening up the possibility that an officer who is issued or mandated to carry a SERPA and grooves their leg could sue their department for forcing them to use unsafe equipment in addition to the manufacturer.
I hadn't thought about it from the employer side. As argued by plaintiff's counsel in this case, I do think it's very credible evidence that Blackhawk knew or should have known of a design defect and that forging ahead with advertisement and sales anyway was negligent.
It's unfortunate in this case that the vast majority of suits settle, because it would be really interesting to see how the "it's a training issue" argument holds up as a literal defense at trial. I'd also love to know who the plaintiff would eventually designate as expert witnesses.
Any legal information I may post is general information, and is not legal advice. Such information may or may not apply to your specific situation. I am not your attorney unless an attorney-client relationship is separately and privately established.
So, if she was using a P320 in her Sherpa, instead of a Glock, who would she have sued?
Likes pretty much everything in every caliber.
A P320 raises another issue: is it the manual safety model? If so, does policy specify whether the safety should be on or off when the gun is being carried? If the safety is supposed to be on safe or there is no policy, then was the safety actually on safe? If not, the issue of contributory negligence or comparative fault arises, and the extent to which the plaintiff is found to have contributed to the harm will reduce or possibly eliminate the recovery.
Any legal information I may post is general information, and is not legal advice. Such information may or may not apply to your specific situation. I am not your attorney unless an attorney-client relationship is separately and privately established.