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I just posted about this in Tilted Weaponry. Im just gonna paste my response from there:
I would also throw the case out. If the gun had randomly failed, there *may* have been a case, but the gun being shot is not in its job description. It was a freak accident, and the company cant be held liable for such. Seriously, how often is someone's pistol shot out of their hand?
Even had the gun failed unexpectedly, I dont think he would have had a case. Guns can fail, it happens. The testing the department does before adopting a new weapon is supposed to weed out unreliable guns, but even the most reliable guns sometimes fail. Its a fact of life, the guy needs to get over it.
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"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."
--Plato
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