[FreedomCalls]

Is this stupid or what?

a young boy and his friend were playing with their BB guns in a living room

And this is responsible behavior? Where was the boy's mother? Does she normally allow him to play with a loaded BB Gun in a living room?

The suit charges that the two businesses breached products liability and negligently violated industry standards by failing to adequately warn of the dangers of the toy gun.

What? Have you seen all the warnings that come with a BB gun nowadays? You can't fail to see them. They all state that a BB gun can inflict serious injury. Maybe the BB gun manufacturer can sue her for failure to heed the warnings and using their product in contravention to their warnings in a way that can cause injury to others.

''The product was marketed as being less powerful than a real gun when it actually possessed power far above that

Damn straight that it is less powerful than a real gun. The boy has a BB in his eye with no mention of loss of vision. What if it had been a .22LR bullet, much less a .308? I don't think the outcome would have been the same.

I'm sorry for her kid, but this is what happens when you fail to supervise your children.

[You Gotta Be Kidding Me]

What if they held a lawsuit and nobody came............

Seriously, it sounds like Mommy is the one who needs adult supervision.

[cavtrooper21]

I would venture that when my mom hears of this she will say: "See, thats why I never gave you one of those things for Christmas.... You would have shot your eye out!!"

[Yo-Yo]

You mean my Mother was right all along???

[RockChucker]

"I want the Red Rider, lever action, 200 shot, range model air rifle with compass in the stock and a thing that tells time!"

[You Gotta Be Kidding Me]

"According to court records, a young boy and his friend......"

"Young boy and his friend"? Le'me guess.......19 year olds?

[cavtrooper21]

.... of course I got one for my 10th birthday, but that was OK, only the one's you get at Christmas will put your eye out.
Tell that stupid woman to sue Santa!!

[samuel_adams_us]

This is also what happens when you fail to take
responsibility for yourself and you fail to teach
your children some common sense. This case is no
better than two idiots playing in the middle of a
highway and getting hit by a semi and then having
the mother of the children sue the highway department
for putting the highway there so the truck could
drive on it and hit her children. I think they
ought to shoot the mother in the eye as well and
then ship her sorry ass out of this country and
back to the slim pit she came from.

[RedBloodedAmerican]

This is such bull. It stinks of an irresponsible parent. What were the kids doing in the living room with it in the first place? And why isn't that parent going to the parents of the kid who pulled the trigger? THAT is where the problem lies. Kids without parental supervision; parents who are not adults, and are nothing more than kids who got older and had kids. The gun company and store/sales had NOTHING to do with it. Next you'll see some idiot sue Chevron for their fuel being used in the aircraft that hit the World Trade Centers! GRRRRRRR

[PatrioticAmerican]

Child services should investigate the mother for neglect and her son should sue her for the same.

Fair is fair.

[joesnuffy]

If I was the kid ..I would sue my mommie for being an "irresponsible parent"
Id take the house the car the summer place and all her jewelry

[autoresponder]

I guess mom's name is not Daisy!

In NJ you need to have a BG check and license to give you childhood Red Ryder to your grandson.

Yet in most states an original antique (BATF pre-1999) Winchester lever action circa 1873 44-40 carbine can be purchased out of state by simply legally shipping ("ground-only" by UPS since 9-11 or by Priority Mail USPS) the legally purchased antique.

Mommy is looking for deep pockets.

Mommy should be prosecuted for not properly educating her kid about a BB gun she willfuly and knowingly allowed to be owned by her kid and kept in her home.

Can mommy read the safety instructions inside the box?

Perhaps mommy should have an interview with children's services and a Juvenile Court Judge.

[Servant of the Nine]

I can't believe this suit won't get tossed out in Texas. Maybe she should have staged the accident in Calbania.

So9

[fourdeuce82d]

''The product was marketed as being less powerful than a real gun when it actually possessed power far above that which is reasonable and necessary for its intended use as a 'safer than real' gun

Sigh. Why do we have to think of everything?

Line up the mother and lawyer side by side in front of the jury.
Shoot them each in the forehead with the BB gun in question.
Shoot them again in the forehead with a 30.'06.
Rest your case.

[Between the Lines]

One of the boys pulled the trigger, documents state, but he didn't aim at his friend. The BB ricocheted and lodged into the other boys' left eye, where the fated BB remains.

I told that lie to my Mom too... She was too smart to believe me.

[Studebaker Hawk]

...the gun manufacturer and the hardware store that peddled the weapon.

Is that supposed to be like "peddling" drugs, sex, etc?

Suprise, I smell bias here.

[TheBattman]

Where was the "responsible" adult in this incedent?

Of course, no-one is blaming the parents - it's much easier to make the manufacturer and seller of the BB gun liable.


Back when I was 12 years old, I had a Crossman BB pistol. Well, the darned thing got jammed up, so in my infinite wisdom I decided to try to open the thing up - using a small hatchet as a pry-bar. Of coruse, I cut the snot out of my hand. Maybe my parents should have filed a lawsuit against Crossman and the store that sold it. They should have also filed suit against the hatchet manufacturer and seller for selling a dangerous tool....

[Ruth A.]

Kids do things their parents don't want them to do. That could be why they were in the front room. If the parents (not just the mother) were unaware, that could be understandable without calls of neglect. Sometimes naughtiness is undetected...for a while. When will kids learn that bad things don't stay hidden forever. Anyhow, she is definitely wrong for trying to turn this into a lawsuit. It is curious that they aren't releasing ages, don't you think?

[longtermmemmory]

where is the welfare department? a mother allowing a child with a toy gun! what evil! this mother should be locked up for child endangerment! (/s)

[barkeep]

Happen to be in San Angelo, know a bit about how the city works. We have a particularly agressive tort firm here, Webb Stokes and Sparks, (who I will bet a dollar to a donut is in this one) but we also have notoriously stingy civil juries. I've seen them award one American dollar on cases I thought were good. This case is crap, and ain't going nowhere here.

[Jay D. Dyson]

These idiots have no case. Every BB gun I've ever purchased (and there were several) all came with explicit instructions to NOT use them indoors, to have them unloaded when not in use, and to ONLY point them at targets you intended to shoot!
(Many even had warnings not to use the BB guns to shoot at live animals.)

Given all this, the case is simply a matter of idiot user, idiot parents, and blameless manufacturer.

Were I judge on this case, I would give these people a good swift kick in the a$$.

-Jay