“Wal-Mart is unlikely on this one, although they certainly have many things they should be sued or boycotted over, however, this is probably not one of them.”
Yeah, those evil Wal-Marts save me thousands of dollars a year. Boycott them in favor of higher prices! Vote Obama!
Wal-Mart should file a motion-to-dismiss. This is a products case. It exercised no control over the manufacture of the weapon or the ammo. What “duty owed” to the purchaser was breached? Absent that duty there is no liability. Sounds good, but anything is possible with our bastardized legal system. The more defendants the merrier.
did the writer of this story mean to say: “cartridge manufacturer”?
a cartridge is a loaded round of ammo, including bullet (projectile), case, primer, and powder.
a bullet is the projectile that goes down the barrel. Remington sells loaded “ammunition” and also makes “bullets”.
like mentioned in earlier comments, there is a lot more to this story that you see in this very limited (and inaccurate?) article.
fairly unlikely a new firearm will “explode” due to faulty manufacturing. most likely there was contributory “negligence” (aka: stupidity) on the part of the shooter.
What they’re not telling you in the IJ article (no surprise) is:
James Monette bought the Mossberg 100 ATR 30-06 Springfield hunting rifle as a Christmas present for his son in 2005, according to court documents.
While elk hunting in October 2006, Monette was handing the rifle to his son when “it misfired and the bolt action exploded sending parts (including the rifle’s bolt) and fragments into Monette’s right hand causing severe injuries …” according to the complaint filed in district court Oct. 21.
Which means – they had the weapon almost an entire year – and you can’t tell me that they never fired the thing before the October 06 incident. The ammo may have been old – mishandled or stored incorrectly, or the gun could have been taken apart at some point during cleaning and not reassembled correctly
There is something else to the story that no one is going to find out without more digging – and the IJ is famous for reporting only a portion of the info they find from other news agencies.
The report also indicates two other men with simlar experiences..
Besides, I’m convinced this guy lives in the middle of nowhere surrounded by barbed wire and has a stash of guns hidden under the floor boards of the outhouse… Can you say Coeur d’Alene?
He’s only asking for an amount over $10,000? That doesn’t sound like alot, unless over $10,000 means over $10 million. Heck, I’ll just pay it out of my pocket just to shut you all up. Until you know the facts about a case, don’t say they’re greedy, etc… Also, if you’ve never dealt with Wal-mart on the insurance side, then again, don’t comment unless it’s a question. Wal-Mart asks everyone to list them as an additional insured. Wal-Mart will not have to defend themselves at all. It all goes back to either the gun manufacturer or the ammo manufacturer. Either way Wal-Mart is fine and the $10,000 or so is nothing.
-Signed-Ex CEO that ran your company into the ground and you, the taxpayer, is paying for it. hahahaha I love the Bahamas!!
Chris, Just wait until Obama and the Repo administration (Reed, Pelosi & Obama) work on gun control. There will be no second amendment, which I can tell will not hurt your feelings. By the way good for you in your parachute severence. I am sure you are very highly educated and top of your class, probably have had a fantastic career with many accolades to get such a high position with a fortune 500 public company. You know everyone is paid exactly what they are worth. Tiger woods to Warren Buffet to Oprah to CEO’s on Wallstreet. If they did not produce a result at some point they would not be paid that much. Thats economics. I am glad our government does not set all our salaries based on what we do. If so all our union employees would have to take a huge pay cut for leaning on their brooms.
Please send me your address in the Bahamas so I can track you down and kick your a s s . Your comment wasn’t funny and your post was most condescending.
I am sure that Walmart has both indemnification agreements running in its favor and requires manufacturers to have the company named as an additional insured on the manufacturers policies so Walmart will be set here but I think the comments here are scary in that I assume most people reading this web site are involved in the P&C industry in some fashion such as agent, underwriter, marketing or claims and yet people seem shocked that a retail outlet can be held strictly liable for products it sells even if the retailer does nothing more than sell something sealed at the factory. I am shocked because strict liability has been the law in most of the country for decades but still the comments here express both outrage (which may be justified) and surprise(which is shocking coming from insurance professionals). It is upsetting as it makes me wonder how many people in the insurance industry really understand what their product covers and what the customer’s exposure is.
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“Wal-Mart is unlikely on this one, although they certainly have many things they should be sued or boycotted over, however, this is probably not one of them.”
Yeah, those evil Wal-Marts save me thousands of dollars a year. Boycott them in favor of higher prices! Vote Obama!
Wal-Mart should file a motion-to-dismiss. This is a products case. It exercised no control over the manufacture of the weapon or the ammo. What “duty owed” to the purchaser was breached? Absent that duty there is no liability. Sounds good, but anything is possible with our bastardized legal system. The more defendants the merrier.
did the writer of this story mean to say: “cartridge manufacturer”?
a cartridge is a loaded round of ammo, including bullet (projectile), case, primer, and powder.
a bullet is the projectile that goes down the barrel. Remington sells loaded “ammunition” and also makes “bullets”.
like mentioned in earlier comments, there is a lot more to this story that you see in this very limited (and inaccurate?) article.
fairly unlikely a new firearm will “explode” due to faulty manufacturing. most likely there was contributory “negligence” (aka: stupidity) on the part of the shooter.
What they’re not telling you in the IJ article (no surprise) is:
James Monette bought the Mossberg 100 ATR 30-06 Springfield hunting rifle as a Christmas present for his son in 2005, according to court documents.
While elk hunting in October 2006, Monette was handing the rifle to his son when “it misfired and the bolt action exploded sending parts (including the rifle’s bolt) and fragments into Monette’s right hand causing severe injuries …” according to the complaint filed in district court Oct. 21.
Which means – they had the weapon almost an entire year – and you can’t tell me that they never fired the thing before the October 06 incident. The ammo may have been old – mishandled or stored incorrectly, or the gun could have been taken apart at some point during cleaning and not reassembled correctly
There is something else to the story that no one is going to find out without more digging – and the IJ is famous for reporting only a portion of the info they find from other news agencies.
The report also indicates two other men with simlar experiences..
Besides, I’m convinced this guy lives in the middle of nowhere surrounded by barbed wire and has a stash of guns hidden under the floor boards of the outhouse… Can you say Coeur d’Alene?
He’s only asking for an amount over $10,000? That doesn’t sound like alot, unless over $10,000 means over $10 million. Heck, I’ll just pay it out of my pocket just to shut you all up. Until you know the facts about a case, don’t say they’re greedy, etc… Also, if you’ve never dealt with Wal-mart on the insurance side, then again, don’t comment unless it’s a question. Wal-Mart asks everyone to list them as an additional insured. Wal-Mart will not have to defend themselves at all. It all goes back to either the gun manufacturer or the ammo manufacturer. Either way Wal-Mart is fine and the $10,000 or so is nothing.
-Signed-Ex CEO that ran your company into the ground and you, the taxpayer, is paying for it. hahahaha I love the Bahamas!!
Chris, Just wait until Obama and the Repo administration (Reed, Pelosi & Obama) work on gun control. There will be no second amendment, which I can tell will not hurt your feelings. By the way good for you in your parachute severence. I am sure you are very highly educated and top of your class, probably have had a fantastic career with many accolades to get such a high position with a fortune 500 public company. You know everyone is paid exactly what they are worth. Tiger woods to Warren Buffet to Oprah to CEO’s on Wallstreet. If they did not produce a result at some point they would not be paid that much. Thats economics. I am glad our government does not set all our salaries based on what we do. If so all our union employees would have to take a huge pay cut for leaning on their brooms.
Please send me your address in the Bahamas so I can track you down and kick your a s s . Your comment wasn’t funny and your post was most condescending.
I thought Chris’s comment was very funny.lmao !!
I am sure that Walmart has both indemnification agreements running in its favor and requires manufacturers to have the company named as an additional insured on the manufacturers policies so Walmart will be set here but I think the comments here are scary in that I assume most people reading this web site are involved in the P&C industry in some fashion such as agent, underwriter, marketing or claims and yet people seem shocked that a retail outlet can be held strictly liable for products it sells even if the retailer does nothing more than sell something sealed at the factory. I am shocked because strict liability has been the law in most of the country for decades but still the comments here express both outrage (which may be justified) and surprise(which is shocking coming from insurance professionals). It is upsetting as it makes me wonder how many people in the insurance industry really understand what their product covers and what the customer’s exposure is.