FN303 Law suit????

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • cledford
    Registered User
    • Feb 2001
    • 1386

    #1

    FN303 Law suit????

    Is this a suit based on the 303?

    Family of Red Sox fan sues gun maker
    Student killed when police hit her in eye with pepper-spray pellet

    Wednesday, September 14, 2005; Posted: 7:53 a.m. EDT (11:53 GMT)
    Boston (Massachusetts)

    BOSTON, Massachusetts (AP) -- The family of a Red Sox fan killed outside Fenway Park when a police officer fired a pepper-spray pellet into her eye sued the gun maker for $10 million.

    The lawsuit by the family of Emerson College student Victoria Snelgrove, 21, charges that FN Herstal USA falsely claimed its pellets don't break the skin.

    The hardness and shape of the pellets "almost guarantee a serious or fatal injury if a vital area, such as the eye, is hit," the suit charged.

    The suit, filed Monday, contended that the pepper-pellet gun "actually increased the likelihood of injury to innocent bystanders."

    It also claimed that FN Herstal did not adequately train officers when to use the guns. As a result, officers were confused and didn't understand the effects of firing a round.

    Representatives of the McLean, Virginia, company were not available for comment.

    In May, the city of Boston settled a lawsuit by Snelgrove's family for $5 million. As part of the settlement, the city cooperated in the suit against the gun maker and will receive half of any damage award, up to $2 million.

    Snelgrove was killed October 21 in a crowd that gathered outside Fenway Park to celebrate Boston's pennant-clinching win over the New York Yankees.

    Police said some of the revelers were throwing bottles, lighting fires and wrecking cars. Snelgrove was not involved in the fracas, but she was hit when an officer fired at another reveler who was throwing objects at police.

    On Monday, Suffolk District Attorney Daniel Conley determined that no criminal charges would be filed against the police officers involved in the shooting.
    From a poster at PB Nation:

    ""Jim, back to your cave. Bob Long is on the batphone..."

    MY FEEDBACK
  • buzzboy
    Emo grass cuts inself
    • Mar 2005
    • 1322

    #2
    How do you sue the gun maker on something like that. Its just not right. If the policeman or the company that made the balls was sued it would be one thing but the gun. That would be like someone buying a gun, killing someone and sueing the gun shop for supplying a murder weapon. Just plain *****. People like that deserve to fall and stud their toe.

    Comment

    • rkjunior303
      I need this more than you
      • May 2003
      • 4029

      #3
      Usually how these things work.

      Defendant sues the Gun maker. Gun maker sues the Ball maker (Perfect Circle, who coincidentally, is owned by Tom Kaye).

      PBN Feedback AO Feedback eBay Feedback

      DIRTY ROTTEN SCOUNDRELS (Rob Kenny and Matt Bradley) LIVE @ www.djinnuendo.com TUES 2/8 - 8 to 10PM

      Comment

      • Lohman446
        Useful posts: 7
        • Jun 2003
        • 9315

        #4
        Originally posted by cledford
        Police said some of the revelers were throwing bottles, lighting fires and wrecking cars. Snelgrove was not involved in the fracas, but she was hit when an officer fired at another reveler who was throwing objects at police.
        So the officer who decided to use the weapon - or who was ordered to use it by his superiors in a highly crowded situation in which non-violators were involved (for the record I still question the innocence of someone who just "happens" to be with a group of rioters an hour after the thing got out of control) MISSED his intended target and hit a bystander. Thats the fault of the company that made the weapon?
        "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

        Comment

        • MicroMiniMe
          Easy Like Sunday Morning
          • May 2003
          • 1213

          #5
          Welcome to capitalist democracy.
          The new 'American Way.'

          Never mind culpability and personal responsibility.

          The officer was just found not outside of his job duties and performance for such a situation. Lets the city and department pass the buck as well it seems.

          The whole ordeal is on the same level as the family of a killed burglar suing the homeowner after the homeowner acted in self defense.
          Not as ridiculous, but close enough to me at least.

          CNC Emag
          Featherlight Viking

          Comment

          • Muzikman
            Everything AGD
            • Dec 2000
            • 6229

            #6
            I have been keeping an eye on this since last year. I have been expecting this. But as most have already stated, how many times has S&W been sued because someone was shot by a gun they made (more than once I know). Is it stupid? Hell yeah it is. But I am sure that $15million will make the family completely forget about their loss and allow them to buy a bigger house and faster cars. That is what I never understood about settlements that involved money when someone dies. There should be no dollar value placed on a life. If this family truely just wanted justice and not the cash, they should give it all to cherity (and no not the stripper at Scores). But I am sure that is not what's going to happen to the money.

            That all being said, I hope FN and PC come out of this ok. It's truly a great technology.

            As for Lohman's comments, I totally agree. If a riot starts and you do not get your arse out of there ASAP then you are part of the problem. There is no such thing as an innocent bistandard (sp?) hours after a riot start.

            Comment

            • nulam
              Registered User
              • May 2003
              • 75

              #7
              The reason you go after the manufacturer of the weapon and ammunition is because in many instances that is where the deep pockets are. More so if the other possible defendant is a municipality which may be able to hide behind the doctrine of governmental immunity. Right now the NRA is supporting S. 397 a bill called the "protecting lawful commerce in arms act", which is designed to prevent suits exactly like this and insulate manufactures of arms from suit.
              Feedback:

              Comment

              • rkjunior303
                I need this more than you
                • May 2003
                • 4029

                #8
                The issue at hand isn't the fact that the FN 303 was used but the fact that it was issued to a police officer without proper training on how to fire the weapon into a crowd.

                PBN Feedback AO Feedback eBay Feedback

                DIRTY ROTTEN SCOUNDRELS (Rob Kenny and Matt Bradley) LIVE @ www.djinnuendo.com TUES 2/8 - 8 to 10PM

                Comment

                • Lohman446
                  Useful posts: 7
                  • Jun 2003
                  • 9315

                  #9
                  Someone once said our civil liability system has gotten less and less about justice and more and more like a lottery
                  "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

                  Comment

                  • hitech
                    Not a shedder of vortices
                    • Nov 2001
                    • 4775

                    #10
                    Originally posted by cledford
                    The lawsuit by the family of Emerson College student Victoria Snelgrove, 21, charges that FN Herstal USA falsely claimed its pellets don't break the skin.

                    The hardness and shape of the pellets "almost guarantee a serious or fatal injury if a vital area, such as the eye, is hit," the suit charged.

                    The suit, filed Monday, contended that the pepper-pellet gun "actually increased the likelihood of injury to innocent bystanders."

                    It also claimed that FN Herstal did not adequately train officers when to use the guns. As a result, officers were confused and didn't understand the effects of firing a round.
                    This is what the suit is about, Whether it is true or not, or even if that should be good enough for a lawsuit is another question. Personally, if they falsely claimed (lied) that the "pellets" would not break the skin then they are guilty...


                    Hey Hitech your starting to sound like me! - AGD
                    Hitech is the man.... :eek: - Blennidae
                    The only Hitech Lubricant

                    Comment

                    • rkjunior303
                      I need this more than you
                      • May 2003
                      • 4029

                      #11
                      What'snot being reported here is that there are two other injuries with the FN during that evening. one kid had a hole punched through his cheek and another guy got MASSIVE bruises on his neck/body from 3 shots.

                      PBN Feedback AO Feedback eBay Feedback

                      DIRTY ROTTEN SCOUNDRELS (Rob Kenny and Matt Bradley) LIVE @ www.djinnuendo.com TUES 2/8 - 8 to 10PM

                      Comment

                      • Jaan
                        It's Pronounced *John*

                        • Apr 2005
                        • 1310

                        #12
                        Originally posted by Muzikman
                        That is what I never understood about settlements that involved money when someone dies. There should be no dollar value placed on a life.
                        That's just it, there is a dollar value placed on a life. There's one on your life, and one on mine. I believe in the airline industry the figure is 2.4 million. If it costs more than that to make the planes safer and save your life, then it's not worth it.


                        Business is out to make money, and that's the only way to hurt them. If you didn't punish business then they wouldn't have any incentive to protect peoples lives. You have to make the cost of someone dying high before they'll care.

                        I'm not saying anything for or against the suit, but the bottom line is an innocent young girl was killed, and that shouldn't happen in the US. Something went wrong somewhere.

                        Comment

                        • Muzikman
                          Everything AGD
                          • Dec 2000
                          • 6229

                          #13
                          There are MANY MANY other ways to make a company pay for negligence that is not monetary. Some of which would hurt the company more than even making them pay. I will never agree that someone can sue a company and make millions off of it over any form of loss, this is what life insurance and accidental death and dismemberment insurance is for.

                          That being said, we live in a sue happy country/time and I guess that's just how things are. Maybe I can make my millions not by being smart and have something to offer socienty...but by spilling some coffee on my lap.

                          I am sorry that the girl died, but I do not blame the police or FN, I blame the stupid people that decided the best thing to do when your team wins (or loses) is to riot.

                          Comment

                          • hitech
                            Not a shedder of vortices
                            • Nov 2001
                            • 4775

                            #14
                            I'm not defending the lawsuit. However, on the subject of a life not being worth a specific amount of money... If I were to die my family would loose a significant amount of income. Enough that they would not be able to continue in the same life style as we do now (not that it's all that great, but...). My life insurance is only a years salary. How much money would I earn before I died at my life expectancy? THAT is the minimum amount... Additionally, the assistance I provide in the care and feeding of the children is also worth something (what would it cost to hire someone to do it FULL time). Then there is the upkeep of the house. Again, what would it cost to hire someone to so all that. Then there is the upkeep of the wife, what would it cost... You get the idea.



                            Hey Hitech your starting to sound like me! - AGD
                            Hitech is the man.... :eek: - Blennidae
                            The only Hitech Lubricant

                            Comment

                            • benhmn
                              Registered User
                              • Aug 2005
                              • 37

                              #15
                              Originally posted by Lohman446
                              So the officer who decided to use the weapon - or who was ordered to use it by his superiors in a highly crowded situation in which non-violators were involved (for the record I still question the innocence of someone who just "happens" to be with a group of rioters an hour after the thing got out of control) MISSED his intended target and hit a bystander. Thats the fault of the company that made the weapon?
                              Who also was FACING the police officer in order to get hit directly in the eye. Doesn't look like she was trying to get away from anything

                              Comment

                              Working...