8th Circuit Revives Wrongful Death Suit Against Rifle Manufacturer, Despite Modification Unknowns

8th Circuit Revives Wrongful Death Suit Against Rifle Manufacturer, Despite Modification Unknowns

A panel of the United States Court of Appeals for the Eighth Circuit reversed a district court’s grant of summary judgment in favor of gun manufacturer Remington Arms Company, LLC, finding that representatives of the victim of an accidental shooting had presented sufficient circumstantial evidence that the rifle involved in the shooting had a defective trigger mechanism that would allow the rifle to fire upon release of the safety mechanism – even without the trigger being pulled – and that no alterations had been made to the rifle, even though the plaintiff (a) couldn’t establish what had or had not happened to the rifle for over a decade, during previous ownership, and (b) could not produce the gun, because it had been destroyed. [10/15/15]

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