gun discharged, do I have a case?

[CdwJava]

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.

Something activated the pin, and some ONE chambered a round ... it didn't do that by itself.

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.

Interesting. Is he a firearms expert? Did he seize the weapon and do a detailed evaluation of the firearm? (And is he qualified to do so?) Is he willing to testify to this? My guess is that he was making an assumption based upon other information he has heard or believed ... or, you misinterpreted a hypothesis he made.

To make a case like this against the manufacturer you are going to need some serious experts and a lot of seed money ... unless you get lucky and find some attorney willing to take on a gun company for years at his own expense.

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.

Even veterans and cops make mistakes with their weapons ... its the nature of life. The fact that it was aimed toward your leg before the magazine was ejected is not going to look good when it comes to demonstrating your own proficiency. As you know, the barrel should be directed in a safe direction until the weapon is completely cleared ... this means "down range" or in a direction where there is no danger to life and limb. No matter how you look at it, there was SOME negligence on your part or it would not have struck your leg.

Additionally, a Google search on the weapon finds a whole lot of great reviews of the weapon (High Point compact 9mm c9) and no indication of a problem with accidental firings. In fact, the user reviews I read indicated ZERO misfires or jams.

If you want to stand a chance of prevailing in court you will have to PROVE that this weapon was defective at the time of the accidental firing. You will need a qualified gunsmith to dismantle and evaluate the weapon ... and he will have to be capable of articulating and explaining the nature of any problem and detailing how the accidental firing occurred AND how it was a manufacturer's defect. Good luck with that.

It's a serious uphill battle ... but, if you have the money to give it a go, knock youself out.

- Carl

 

[rdrector]

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.

1:magazine is loaded per your comment.
2 Only 1 spring in magazine which exhibits an upward force.
3:rounds are loaded an unloaded from a front to back position in the magazine not upward downward. Round is pushed upwards within the magazine then ejected from rear to front into the chamber of the gun.
4 Officer claims round in the area between chamber and firing pin.
5:you claim YOU slid "the slide back" as a precaution to eject a chambered round. Well chief that's when "you" loaded the first round into the chamber and then by your statement removed the magazine containing the remaining rounds; thus still a live round within the chamber.
6:This is how so many accidental shootings occur, by not clearing the firearm "after" removing the magazine.
7:Safe practice; remove magazine, clear slide of any chambered round and leave open for inspection.