[Shaun]

nice to see jury's can figure out manufacturers have no responsibility. Common sense wins again



Handgun Control, Inc. Strikes out in Third Retrial of Case

OAKLAND, Calif., Aug. 3 /PRNewswire/ -- An Alameda County Superior Court
jury yesterday found that firearm manufacturer Beretta U.S.A. Corp. was not
responsible for the tragic 1994 accidental shooting death of a 14-year-old
boy. Kenzo Dix was killed when his friend played with a firearm that was left
loaded and unlocked by an irresponsible parent. The jury deliberated only five
hours before returning a verdict in favor of Beretta U.S.A. Corp., finding the
pistol's design did not cause the accident.
This was the third time the case had been tried. The lawsuit was filed in
1995 on behalf of the parents of Dix by lawyers from Handgun Control Inc.
(since renamed as Brady Center to Prevent Gun Violence). Handgun Control Inc.
tried to claim Beretta was at fault for not having included a built-in lock
and for not providing more warnings by having a different "loaded chamber
indicator" feature than the one on the firearm. The case gained national media
attention in late 1998 when a jury in the first trial found that the design of
the Beretta pistol was not defective and did not cause the accident. An
appellate court, however, ordered a retrial because a juror allegedly told
fellow jurors he didn't think Beretta was at fault before the jury began its
deliberations. In a retrial last year the plaintiffs were again unable to
convince a jury that the pistol's design was defective and caused the accident
resulting in a mistrial.
The Dix case was the first major lawsuit filed and funded by the Brady
Center against a firearms manufacturer in an attempt to use litigation to
force the redesign of firearms to include so-called "safety" devices. The
Brady Center has filed similar suits against other manufacturers.
"The Brady Center has struck out. This jury -- as two others before it --
listened carefully to all the evidence and again refused to blame the product
manufacturer for reckless misuse of its product," said Lawrence G. Keane,
senior vice president and general counsel of the National Shooting Sports
Foundation, the firearm industry's trade association.
"Unquestionably, the Brady Center has suffered a major setback in its
efforts to use the courts to force its gun control agenda upon product
manufacturers and their design engineers who care deeply about the safety of
consumers and who design safe and reliable products," Keane added. He noted
that the number and rate of firearm accidents are at their lowest levels since
record keeping began in 1903 -- all while the number of firearms in private
ownership has grown.
"We are sorry for the tragedy suffered by the Dix family and we hope
publicity from this case will warn parents who own firearms to store them
unloaded and locked if they have teenage children," said Jeff Reh, general
counsel for Beretta U.S.A. "It also bears mentioning, though, that three
juries have looked at the facts of this case and not one has agreed with the
plaintiffs nor with the attorneys at Handgun Control, Inc. that the design of
a pistol somehow caused this accident. When a firearm owner leaves his
unlocked, loaded pistol where his teenage son can find it, and when that son
fails to check the firing chamber -- something he knew how to do -- to see if
the gun is loaded, then pointed the pistol at a friend, disengaged the safety
lever and then pulled the trigger, it should be obvious that human
carelessness, not a pistol design, caused the accident."

finally a win for our side :right:

[Big Dog]

"It also bears mentioning, though, that three
juries have looked at the facts of this case and not one has agreed with the
plaintiffs nor with the attorneys at Handgun Control, Inc. that the design of
a pistol somehow caused this accident. When a firearm owner leaves his
unlocked, loaded pistol where his teenage son can find it, and when that son
fails to check the firing chamber -- something he knew how to do -- to see if
the gun is loaded, then pointed the pistol at a friend, disengaged the safety
lever and then pulled the trigger, it should be obvious that human
carelessness, not a pistol design, caused the accident."

Common sense does come through every now & then!
A clear case of the irresponsible parent/owner trying to absolve his feelings of guilt by blaming someone else. It don't work that way, bub!

[oneastrix]

It is excellent news indeed.....

[Sniper[MI]]

I have been marginally paying attention to this suit, especially since I have on o them evil little guns myself.

How was it they were able to try Beretta 3 tims for the same thing?