Posts tagged product liability

“Bump Stock” Controversy Sparks Debate and Lawsuits

November 2, 2017 Personal Injury Lawsuits

In the aftermath of the October 1, 2017 mass shooting at a country music festival in Las Vegas, the term

Group of people holding candle vigilIn the aftermath of the October 1, 2017 mass shooting at a country music festival in Las Vegas, the term “bump stock” became a household word and national point of contention. As legislators scramble to find ways to regulate the use of the firearm device, the manufacturer of the bump stock used in the Las Vegas massacre, Slide Fire Solutions, is facing a growing number of personal injury lawsuits filed by victims and the families of the deceased.

Were you or a loved one among the hundreds of unsuspecting victims of the Las Vegas mass shooting on October 1? Here at The Salamati Law Firm, our hearts go out to you at this terribly difficult time. No one should have to experience a tragedy such as this, but here in its aftermath our firm is dedicated to pursuing justice for those whose lives have been irreversibly altered by this terrible event.

Our personal injury lawyers are providing free legal consultations to victims of the Las Vegas shooting and their families. We’ll help you sort through your legal options so that you can make an informed decision about the best course of action for you and your family.

If you choose to file a lawsuit, liable parties may include the hotel owner, the concert organizers, the estate of Stephen Paddock — and the bump stock manufacturer. Please contact our dedicated, compassionate attorneys today to learn more about how we can help.

Las Vegas shooter relied on bump stock firearm device

On October 1, 2017, an unassuming man named Stephen Paddock of Mesquite, Nevada, checked into the Mandalay Bay hotel with an arsenal of firearms. From a window of his suite, the 64 year old opened fire on the crowd attending the Route 91 Harvest Music Festival. In the few minutes between 10:05 and 10:15 PM (PDT), Paddock fired hundreds of rounds. Almost 550 concertgoers were injured. Fifty-eight were killed.

Paddock – who killed himself – has reignited the gun law debate that has held us captive for decades. But this time there has been a focus on bump stocks.

What is a bump stock?

A bump stock is a device one attaches to an existing semi-automatic rifle. Replacing the weapon’s built-in stock, it adds a spring to the firearm. Pressed into the shooter’s shoulder the bump stock literally bounces, or jerks, the rifle forward with each release of ammunition. This means the shooter does not have to pull the trigger as the trigger will move in his hand. The resultant rapid release of ammunition is akin to that of a machine gun.

Legislators try to address regulation of bump stocks

Before the shooting, bump stocks were known mostly in the firearm community. Now, the device is on everyone’s lips, from Congress to the NRA and anti-fun factions, right down to the couple standing behind you at Starbucks.

Everyone is wondering why a bump stock would be legal and easily acquired. According to special agent Jill Synder at the Bureau of Alcohol, Tobacco, Firearms and Explosives, “The classification of these devices depends on whether they mechanically alter the function of the firearm to fire fully automatic. Bump-fire stocks, while simulating automatic fire, do not actually alter the firearm to fire automatically, making them legal under current federal law.”

What we have here is a thin line of legality. While Washington has stated they are reviewing the bump stock classification, the fact is that the ATF did so in 2010 and decided the bump stock was a part, not a weapon, and ineligible for enforcement by the National Firearms Act or the Gun Control Act.

Legislative director of the Violence Policy Center, Kristen Rand says, “The ATF can’t do anything about bump stocks without a change to the statute. Basically, all they can determine is whether or not a device causes a gun to fire in fully automatic mode, and it’s banned, or it does not, in which case it can’t be regulated.”

Salamati Law Is a Resource for Victims and Families

Salamati Law will continue to zealously advocate on behalf of all victims of gun violence. If you or a loved one were a victim of the Las Vegas shooting in October, or any other instance of gun violence, please contact our dedicated lawyers for a free and confidential consultation about your case.

Additional “Bump Stock Lawsuit” Resources:

  1. CDC, Firearm Mortality by State, https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm
  2. Huffington Post, Here’s A List Of All The Gun Control Laws Congress Has Passed Since Newtown,  https://www.huffingtonpost.com/entry/gun-control-congress_us_566ec8dce4b011b83a6bc0cd
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Nominees for “10 Worst Toys in 2016” Released

December 9, 2016 News

Toy stores are beefing up inventories with the latest products and gadgets as holiday shopping is in full swing. Once

Injured girlToy stores are beefing up inventories with the latest products and gadgets as holiday shopping is in full swing. Once again, the consumer advocacy group World Against Toys Causing Harm, Inc. (W.A.T.C.H.) has published its nominees for the “10 Worst Toys” of 2016 in the hopes of keeping dangerous toys out of the hands of small children. The organization releases such a list every year in an effort to prevent needless toy-related injuries, which cause more than 250,000 emergency room visits annually.

W.A.T.C.H. is urging both parents and caregivers to take caution when buying toys for their children this holiday season, as many are sold without adequate warnings about choking, suffocation and injury hazards. Dozens of the recalled toys in recent years were found to have design or manufacturing defects, or were put on the marketplace without sufficient testing.

Safety advocates say that between 2010 and 2014, an estimated 61 American children died because of toy-related injuries. Their 2016 “10 Worst Toys” nominees spotlight some of the many hazards posed to children.

10 Most Hazardous Toys for 2016

According to the W.A.T.C.H. report, the following ten products have inadequate warnings and may be extremely dangerous for children.

  1. Banzai Bump and Bounce Body Bumpers – Manufactured by ToyQuest, these inflatable suits worn by children allow kids to bounce off one another. However, there is no protective equipment included and this toy has a potential for impact injuries
  2. Kids Time Baby Children’s Elephant Pillow – Sold on Amazon, this plush stuffed animal comes with no warnings about the suffocation risks for infants.
  3. Peppa Pig’s Muddy Puddles Family – These cute figurines are marketed for children ages 2 and 3 or older, but without warnings about small plastic parts that pose choking hazards for this age group
  4. Slimeball Slinger – Much like a slingshot, the Slimeball Slinger lets kids launch projectiles more than 30 feet, but the toy has the potential to cause severe eye injuries
  5. Nerf Rival Apollo XV-700 Blaster – Nerf ammunition may be soft, but it can still result in serious eye injuries. The package includes photos of children wearing safety masks, though no protective gear is included.
  6. Flying Heroes Superman Launcher – A winged superhero figurine sold at major retail outlets, this product has the potential for face and eye injuries when used by small children
  7. Peppy Pups – This playpen toy, sold at ToysR US, is sold with a 31-inch long cord, posing strangulation risks to children aged 3 and younger.
  8. The Good Dinosaur Galloping Butch – Marketed to children 3 or older, this T-Rex toy has a sharp plastic tail that can cause significant puncture wound injuries.
  9. Warcraft Doomhammer – Blunt impact injuries are a potential danger when children play with this heavy weight plastic hammer
  10. Baby Magic Feed and Play Baby – Two-year olds are encouraged to spoon feed this interactive baby doll, but the spoon is small enough that it could block a child’s airway if used improperly

Los Angeles toy defect lawyers

The W.A.T.C.H. report, though helpful, is far from an exhaustive list of all toys that pose dangers for choking, strangulation, puncture wounds or impact injuries. If your child is hurt by a toy that is unsafe for its intended purpose, came without adequate warnings, or was defective in some manner, you may have grounds for legal action.

To learn more about filing a product liability lawsuit in Los Angeles, we encourage you to call The Salamati Law Firm for a free, no-obligation case review. Our veteran personal injury attorneys stand prepared to fight for maximum compensation. Call our offices today at 888-259-4060.

Resources

  1. ToySafety.org, 2016 “10 Worst Toy” List http://toysafety.org/toy-safety/2016-10-worst-toy-list/
  2. ToySafety.org, 2016, Nominee List http://toysafety.org/wp-content/uploads/2016/11/WATCH-2016-Press-Release-With-Nominees.pdf
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