gun discharged, do I have a case?

[BILLCOLLINS]

What is the name of your state? Indiana
I accidentally shot myself in the left knee on aug 24th with a 9mm hi-point, (hollow point bullet) I went to the hospital it took 17 hours before i went to surgery. I was told point blank "You aren't dieing so you are not a priority, you are on the green list. We will get to you when we have time." My wife talked to the officer that did the investigation he told her there was some kind of manufacture defect that caused the weapon to go off. I'm only 21 but I'm not some dumb punk with a gun because it makes me feel big. I was just honorably discharged from the army in May and now am in the national guard. I was an armed guard at a military instalation in Indiana for almost 2 years. I have always quilified sharpshooter on m16 and my m249(machine gun) Plus I have given numberous classes to my unit on how to safely maintain and operate these weapons. So I didn't shoot myself out of ignorance. Do I have a case?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Indiana
I accidentally shot myself in the left knee on aug 24th with a 9mm hi-point, (hollow point bullet) I went to the hospital it took 17 hours before i went to surgery. I was told point blank "You aren't dieing so you are not a priority, you are on the green list. We will get to you when we have time." My wife talked to the officer that did the investigation he told her there was some kind of manufacture defect that caused the weapon to go off. I'm only 21 but I'm not some dumb punk with a gun because it makes me feel big. I was just honorably discharged from the army in May and now am in the national guard. I was an armed guard at a military instalation in Indiana for almost 2 years. I have always quilified sharpshooter on m16 and my m249(machine gun) Plus I have given numberous classes to my unit on how to safely maintain and operate these weapons. So I didn't shoot myself out of ignorance. Do I have a case?

My response:

You were categorized under the hospital's triage policy. As long as the hospital stabilized your leg, you have no case. There were undoubtedly people ahead of you in far worse condition than you presented.

IAAL

 

[CdwJava]

HOW on Earth did it go off accidentally in to your knee? I can't think of any time when my weapon is pointing at my knee. And if I am doing ANYTHING with a firearm, it is unloaded first.

Guns do not just go off by themselves. They can be discharged on accident, but they don't just go off.

As for what the officer allegedly told your wife, unless he is an expert in firearms and inspected your particular weapon for said defect, his opinion is worthless.

Can you recall the make and model of the firearm that you used?

- Carl

 

[HappyHusband]

HOW on Earth did it go off accidentally in to your knee? I can't think of any time when my weapon is pointing at my knee. And if I am doing ANYTHING with a firearm, it is unloaded first.

Guns do not just go off by themselves. They can be discharged on accident, but they don't just go off.

As for what the officer allegedly told your wife, unless he is an expert in firearms and inspected your particular weapon for said defect, his opinion is worthless.

Can you recall the make and model of the firearm that you used?

- Carl

It was probably that dang Savage Arms Model 911, 9mm Always-Loaded.
Yeah, I think they were recalled because they would unlock themselves from their secured storage cases and go off on shooting sprees without the owner's permission.

 

[teflon_jones]

I'm confused why 1) the gun was pointed at your knee and 2) the safety was off during this time.

Having shot guns for many years, I know that sometimes a pistol may be pointed at a body part naturally (such as when it's in the holster, if it goes off it could hit your leg). But the safety should be on if it's in a holster.

 

[BILLCOLLINS]

gun was pointed at leg because

gun was pointed at leg because i was sitting and unloading the gun

 

[BILLCOLLINS]

the gun

the gun was a high point compact 9mm c9 i was sitting unloading I never chamber a round unless i intend to fire i was in the army i know better than that. when i pulled the magazine out i released the slide it fired when it went forward.

 

[Jack_David]

Guns dont just go off and fire on thier own.

Trigger discipline, I'm surprised you didnt learn that in the Army.

 

[I AM ALWAYS LIABLE]

the gun was a high point compact 9mm c9 i was sitting unloading I never chamber a round unless i intend to fire i was in the army i know better than that. when i pulled the magazine out i released the slide it fired when it went forward.

My response:

Okay, now that your question has been answered, where are we going with this thread? The above response is completely irrelevant to the original question.

IAAL

 

[BelizeBreeze]

Guns dont just go off and fire on thier own.

Trigger discipline, I'm surprised you didnt learn that in the Army.

I'm not. The Army hasn't had a history of turning out intelligent people.

 

[Jack_David]

the gun was a high point compact 9mm c9 i was sitting unloading I never chamber a round unless i intend to fire i was in the army i know better than that. when i pulled the magazine out i released the slide it fired when it went forward.

If you never chambered a round how could a round get into the chamber if you pulled the magazine out and hit the slide release?

If you never chambered a round why would the slide be back anyways?

Bullets dont just go and chamber themselves, if you honestly didnt do it then somebody else must have, and then you probably shot yourself because you were playing around with a gun that you thought was unloaded.

Most accidental shootings are caused by "unloaded" guns.

 

[I AM ALWAYS LIABLE]

If you never chambered a round how could a round get into the chamber if you pulled the magazine out and hit the slide release?

If you never chambered a round why would the slide be back anyways?

Bullets dont just go and chamber themselves, if you honestly didnt do it then somebody else must have, and then you probably shot yourself because you were playing around with a gun that you thought was unloaded.

Most accidental shootings are caused by "unloaded" guns.

My response:

Why do you think anyone cares?

The original question was answered. There is no pending question requiring your above information.

IAAL

 

[Jack_David]

My response:

Why do you think anyone cares?

The original question was answered. There is no pending question requiring your above information.

IAAL

Actually his question was never actually answered.

You gave your opinion in reference to his treatment in the hospital. So I'm going to assume that you assumed his asking about if he had a case was in reference to that.

Being that this is the "Dangerous or Defective Products" forum I'm assuming his question about if he had a case was him asking if he had a case against whoever made the gun.

In which case my and other people's questions would be relevent.

All that being said I do not think he has a case because it was probably a negligent discharge rather than a faulty firearm.

 

[HappyHusband]

Actually his question was never actually answered.

You gave your opinion in reference to his treatment in the hospital. So I'm going to assume that you assumed his asking about if he had a case was in reference to that.

Being that this is the "Dangerous or Defective Products" forum I'm assuming his question about if he had a case was him asking if he had a case against whoever made the gun.

In which case my and other people's questions would be relevent.

All that being said I do not think he has a case because it was probably a negligent discharge rather than a faulty firearm.

So for all questions, assumed and otherwise, the answer is NO CASE.
Case closed.

 

[BILLCOLLINS]

misunderstood

you have all made the assumption that i was playing with my pistol. i'm not some dumb kid I do know trigger discipline i never pulled the trigger. the officer said there was a defect with the spring in the magazine causeing a round to be ejected from the magazine into the area between the chamber and the front of the fireing pin assembly. iv'e been deployed twice and am a veterain i live by my weapon and have learned great respect for them so please dont assume i was in any part negligant and as far as pulling the slide back it is an add precaution to insure that "if" as round was chambered it would be ejected.