Products Liability Lawsuit Sets Its Sights on Gun Retailer

A Missouri federal judge recently held that the retailer and the importer of a vintage rifle could not escape a products liability lawsuit filed by an experienced hunter, who sustained serious injuries, when a vintage rifle that he purchased exploded in his face after firing two rounds through it.

The lawsuit alleges that Dunham’s Athleisure Corporation failed to warn the hunter that the vintage Mosin-Nagant bolt action rifle sold to him was defective and constituted a “dangerous condition.” Under Missouri’s “innocent seller” statute, a defendant whose liability is based solely on its status as a seller may be dismissed from a products liability claim, provided that there is another defendant against whom the plaintiff could recover the total amount of his or her damages.

Despite finding that the hunter’s failure-to-warn claim against Dunham’s Athleisure Corporation was based solely on its status as a seller, the court held it would be error to apply the innocent seller statute given that it remains unclear whether the hunter could obtain a “total recovery” against another party in the suit. Therefore, the lawsuit against Dunham’s Athleisure Corporation will proceed to trial, which is excepted to take place sometime early this year.

If you or someone you know has been injured or killed as a result of a defective product, it is important to know your right to recover. Contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-231-9360 or 1-888-229-5094 for a confidential consultation.