A short rant on Ruger's Old Model legal problems

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rboineau

Bearcat
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Jun 22, 2013
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I had posted about Old versus New Models, having seen an ad for a Ruger that I did not understand (and now can't find again). Anyway, the responders started talking about why Ruger changed the design and I thought I would weigh in. Figured I'd post it as a new thread:



I went to law school in the mid-1970's and since I had been interested in guns long before that, I followed Ruger's struggles with this issue at the time.

Before roughly the 1970's, two very important tenets of law were "assumption of risk" and "contributory negligence". These two terms were basically other ways of saying "use common sense--stupidity/carelessness will not be rewarded". These were excellent legal standards that have unfortunately been eroded over the years to the point of meaninglessness. This happened because of lawyers who cared nothing for the "rightness" of law, only how they could twist and pervert the law in order to line their pockets (remember, a lawyer is writing this).

In the "common sense" era, someone who had just sent a bullet the length of his leg after hitting his holstered, fully-loaded Ruger single-action's hammer with the butt of his rifle would have been told "too bad--you ASSUMED a risk by carrying a powerful weapon in that manner and your ignorance of how to carry such a gun safely or your carelessness was the cause of your accident"(he CONTRIBUTED to the discharge because of his own NEGLIGENCE).

Little by little--and the Ruger cases were very much in the forefront of this trend--lawsuits that LITERALLY would have been laughed out of court not many years before were allowed to proceed. And although many cases would be dismissed at some point in the proceedings or correct verdicts returned, it was inevitable that some weak-headed juries would be won over by clever lawyering or bleeding-heart judges would apply their own personal standards.

Now the above is somewhat simplistic--"assumption of risk" and "contributory negligence" were, and to a much-reduced degree, still are broken down, percent-wise to render a verdict. In other words, a jury might say "We find the dumb-a** who shot himself 95% liable for his injury/death, and Mr. Ruger 5% liable for making the gun that way. But these days the above percentages are much more likely to be reversed as society continues down that road of blaming someone else for one's mistakes and failings, and never accepting responsibility.
 

Jimbo357mag

Hawkeye
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The Ruger safe carry decision swept across the whole firearms industry. There are very few if any modern guns (replicas aside) that are not safe to carry with one in the chamber. Many forget that S&W and Colt revolvers of that era already had a hammer block safety to prevent a blow to the hammer from setting off a cartridge.
 

mr surveyor

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that was refreshing coming from an attorney. maybe there is still a ray of hope for society
 

22/45 Fan

Hunter
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mr surveyor said:
that was refreshing coming from an attorney. maybe there is still a ray of hope for society
Not at all. The OP mostly stated what used to be what the law and juries assumed but that is no longer the case and we are by far the poorer for it. There is no longer any assumption of "common sense". Why do you think there are so many warning labels on every ladder?
 

No-1

Single-Sixer
Joined
Feb 17, 2013
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The slippery slope to spilling coffee in your lap and suing because it was hot - just like you ordered it.
 

Jimbo357mag

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All well and good unless it is your kid that gets hung to death in a crib because the slats are too far apart or you blow your foot off because of a defective safety or something like that. I think manufactures have a responcibility to make a safe product. Now if 'YOU' do something dumb like ride a 4-wheeler at 60 mph and flip it on your head... well that's your fault. :shock:
 

contender

Ruger Guru
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Jimbo, in the legal case against Ruger, the IDIOT (Day) had a fully loaded OM. He did NOT follow the safe loading procedure known by generations of people.
In the case of a crib, any responsible parent look at any & all products to see if they are safe for their children. That's what we do as parents.
And a "defective safety", why was the gun pointed at the body & the booger hook was on the trigger? Irresponsibility on the part of the operator.
In shooting it used to be called an "accidental discharge" when a firearm went off unexpectedly. Now it's properly called a "negligent discharge" as it's almost always caused by negligence on the part of the shooter.

I'm not saying manufacturers shouldn't test their products. I'm saying that we as a people should be responsible for our own actions & NOT automatically blame someone else or a company due to our stupidity.
 

k22fan

Blackhawk
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Apr 22, 2010
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For a moment just accept that the courts ruled the way they did and consider this.

Suppose that after an owner negligently shots themselves with an OM BH they accept 100% responsibility. What's next? They turn their hospital bills in to their insurance. If the medical insurance company is fully informed they collect from Ruger. How hard the insurance company hunts for a way to squirm out from under the bill depends mostly on how expensive the injury was. Consequently whether the bill arrives at Ruger depends more on the severity of the injury than on what the owner wants.
 

contender

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Actually I don't think the insurance companies had a big stake in the "Day" case.
From the 1978 Stockholders report; (By Bill Ruger)
"I have written several previous reports concerning the Company's liability problems. The Company's position with respect to the situation remains unchanged. We believe firmly that the claim that the design of the old model single action revolver is defective has no merit in fact."

Then in Note D of the report, it lists the amounts awarded as follows.

"The Company is a defendant in a number of lawsuits claiming alleged defective product design. In one suit, Day vs. Sturm, Ruger & Company, Inc. in Alaska, a jury rendered a verdict of $137,500 compensatory damages, and $2,895,000 punitive damages against the Company in May of 1976. This case is now on appeal to the Supreme Court of Alaska. In the event of an adverse judgement, the plaintiff would be entitled to interest and attorney fees. A small portion of the possible award is covered by insurance. The final outcome of this suit, as well as the final outcome of the other pending suits, cannot presently be determined.
In 1978 and 1977, the Company settled several product liability cases. In each case, the settlement figure, less the applicable deductible amount, if any, was paid by the Company's insurance company. In substantially all remaining cases, compensatory and punitive damages are demanded. In most of these cases, the claims substantially exceed the Company's insurance coverage."

So, by the information above, it was NOT the insurance companies who fought & paid, it was Sturm, Ruger & Co.
So, if a person shoots himself, and assumes 100% responsibility, and turns in their bills to their insurance company, they most likely get denied. If the person assumed 100% responsibility, then they should pay 100% of their bills.

I'm going to get Miss Penny to look up the actual case & see everything. I bet a dollar to a donut that Day went after the deep pockets to line his own pockets, not accepting his own stupidity.
 

jgt

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coleman texas
I watched one of these trials. It involved a guy who knew the gun should not be carried with six rounds but did not believe he would ever have to worry about an accidental discharge. He dropped the gun and it landed on the hammer discharging the weapon and inflecting a fatal wound. He ask his brother not to blame anyone before he died but the father was determined to blame someone anyway.
The plantifs lawyer took the stance that Ruger was too cheap to put a transfer bar in the gun like Smith & Wesson or Colt and would rather save a dime than a human life. Bill Ruger's response was that the old model was built in a time period when people wanted cowboy guns because of the shows on tv. He built the single action to clone a target version of a Colt single action which had no transfer bar. It was to be as authinic a clone as he could make it. It had nothing to do with what the gun cost to manufacture. It was sickening to watch someone that had no idea about shooting single actions or gun safety twist facts to paint a picture of the evil money grubbing manufacturer cutting cost at the expense of the consumer.
It was during a time when the anti-gun pundants were trying to use lawsuits to ruin gun makers and gunshop owners as a backdoor way of gun control. Today they are doing the same thing with their crusade to outlaw lead from bullets to save the condor gig. More condors die from mother nature than from lead bullets, but it worked in the peoples republic of california so they are taking their show on the road.
 

Jimbo357mag

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contender said:
I'm not saying manufacturers shouldn't test their products. I'm saying that we as a people should be responsible for our own actions & NOT automatically blame someone else or a company due to our stupidity.
I agree with that but the point I was trying to make is to the people that say a person should be responsible for whatever they do and whatever happens to them. I think after an accident there is a line to be drawn somewhere between personal responsibility and an un-safe product. It could be one or the other, or somewhere in between.

When in court that 'what would a reasonable person do?' or 'what can we reasonably expect to happen?' question will always come up. That I think is a pretty good way to decide responsibility. :shock:
 

No-1

Single-Sixer
Joined
Feb 17, 2013
Messages
296
CA has a law that you must demonstrate safe handling of a handgun before you take delivery. I bought an OM Bearcat earlier this year. When I did my demo I loaded one skipped one then loaded 3 more. The kid at the counter said I screwed up. Had to explain it to him. Then he went to his manager to see if I was right. He came back and gave me my gun without further comment.
 

cas6969

Buckeye
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Oct 11, 1999
Messages
1,215
The idea that "companies, corporations are bad, and must pay" has taken over a large portion of our society, that accounts for a lot of it. "Too bad stupid" got thrown out and replaced with the former.
 

bouncle

Bearcat
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Jan 14, 2012
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AZ
The first suit cited sounds similar to what happened to Freedom Arms not too long ago. As I recall, the meathead didn't bother to read the manual, and was drunk when he blew his leg off. FA still lost.
 
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