Our Miami product liability lawyers are representing an injured client in a case that could have serious repercussions across the country. Attorneys Gary D. Fox and Michael E. Levine are representing a plaintiff who lost his eye in a gun accident involving a mislabeled antique rifle. The defendant, Florida-based arms dealer Century Arms Inc., may be held liable for mislabeling their products and causing the plaintiff’s severe facial injuries.
What happened was frighteningly simple: our client was sold a Turkish 1890 Mauser 7.63 x 53mm caliber rifle, but it was labeled as a German 1898 8 x 57mm caliber rifle. The difference in caliber led our client to load the wrong ammunition into the rifle, which created an unintentional discharge that destroyed his eye and caused fractures in his skull and right hand.
Because the gun’s information is imprinted onto the weapon itself, Mr. Levine said there was “a ton of reasons to get this right.”
Holding Gun Manufacturers & Sellers Accountable
This case is unprecedented; it’s the first time a gun owner has sued an importer and arms labeler over a poorly labeled product. The result of the case could completely change arms dealer protocols for imported guns. Mr. Fox believes as much as $10 million could also be at stake for the defendant.
“If people can’t believe what’s stamped on these rifles, then they’re not going to sell many rifles,” Fox was quoted saying in the DBR article.
The idea of suing gun sellers for the damage done to individuals by guns is a fairly controversial one, especially in light of the lawsuits filed after the Parkland shooting or the Sandy Hook killings. However, as Mr. Levine sees it, this case is different because “Universally, everyone should agree that if you’re in the business of importing guns and selling guns, you need to make sure you’re labeling them properly.”
Our firm looks forward to holding Century Arms accountable on behalf of our client, and we hope this case compels all other arms dealers to take responsibility for their labeling and selling practices.