(PRWEB) February 04, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective and dangerous products, has filed a class action lawsuit alleging that the Remington Model 700 rifle is defective and can fire without a trigger pull. The class action lawsuit represents consumers in North Carolina and Washington who own the firearm. The suit was filed on January 29, 2013 in the U.S. District Court for the Western District of Washington at Seattle (Case 2:13-cv-00172). Remington Arms Company, LLC., Sporting Goods Properties, Inc. and E.I. Du Pont Nemours and Company have been named as Defendants.
According to the Complaint, the Model 700 Rifle poses serious safety risks due to an allegedly defective trigger mechanism known as the Walker Fire Control. This patented design was introduced in 1948 and is found in over 5 million Remington brand firearms. Remington’s Walker Fire Control uses a separate “trigger connector,” an internal component that is not utilized by any other firearm’s manufacturer. The trigger connector is not physically attached to the trigger in any fashion but, rather, is held in place by tension from a spring and side plates, which creates a fully enclosed housing. When the trigger is pulled, the trigger body pushes the connector forward, causing the sear to fall and the rifle to fire. When this occurs, a gap is created between the trigger body and the trigger connector. Allegedly, this design allows various debris (including field debris, manufacturing scrap, burrs from the manufacturing process, lubrication and moisture) to build up within the gap while the trigger is being pulled. This buildup can restrict the return of the trigger to its original location under the sear, predisposing the rifle to malfunction in the absence of a trigger pull, the lawsuit alleges.
The lawsuit also alleges that there is no engineering reason to use a separate trigger connector that is not physically attached to the trigger itself. The lawsuit points out that no other manufacturer utilizes such a design and a number of after-market manufacturers have created replacement triggers to replace the allegedly defective Walker Fire Control. According to the Complaint, Mr. Walker, designer of the Walker trigger mechanism, himself, confirmed in January 2011 that the extra connector serves no engineering purpose other than to reduce manufacturing costs and make operation of the trigger pull smoother.
Allegedly, the Defendants have been aware of the defective nature of the Walker Fire Control before it was even placed into commerce. In fact, the lawsuit alleges, firing in the absence of a trigger pull is such a common event that Remington has even developed abbreviations to refer to the conditions under which the unintended firing occurred. The “fire on safe release” or “FSR,” is only but one common form of malfunction allegedly associated with the Walker Fire Control.
According to the lawsuit, the Defendants have acknowledged receiving 3,273 customer complaints about the Remington Model 700 rifles firing without a trigger pull between 1992 and 2004; this amounts to an average of approximately five unintended firings per week for the twelve-year period. The lawsuit alleges that the actual number of unintended firings for this time period is much higher because it is unlikely that every consumer who experienced a misfire would report the problem to Remington if they were lucky enough to avoid injury or property damage.
Parker Waichman LLP filed the lawsuit alongside several other distinguished law firms. Co-counsel include Keller Rohrback L.L.P.; Bolen Robinson & Ellis, LLP; Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA; Neblett, Beard & Arsenault; Holland, Groves, Schneller & Stolze LLC.; Levin, Fishbein, Sedran & Berman; Ramler Law Office, P.C. and Monsees, Miller, Mayer, Presley & Amick, P.C.
Parker Waichman LLP is currently offering free legal consultations to owners and/or victims of misfires caused by Remington Model 600, Remington Model 700 & other Remington Rifle & Shotgun models. Please contact their office by visiting the Remington Model 700 rifle injury page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Jordan Chaikin, Partner