Shooter Suffers Brain Injury From Allegedly Defective Shotgun

Victoria Negron

Written by
— Updated on March 6, 2018

Firearm Design Expert

This case involves a plaintiff who was seriously injured when his shotgun malfunctioned. The plaintiff was an amateur shooter who purchased a pre-owned shotgun one week before the incident. While shooting, a shell exploded and the shrapnel went through the plaintiff’s chest and head. The plaintiff subsequently developed a brain abscess. An expert in firearm design was sought to examine and test the shotgun in question to determine if there was a design or manufacturer’s defect in the firearm.

Question(s) For Expert Witness

  • 1. Please briefly describe your familiarity with firearm design specifically as it relates to shotguns.
  • 2. Will you be able to examine and test the rifle in question to determine if there is a design and/or manufacturer's defect in the firearm?

Expert Witness Response E-006690

I am a third generation gunsmith with a degree in gunsmithing and a degree in criminal justice. I served as both a U.S. border patrol agent and a federal police officer. I have 50 years experience as a gunsmith and ammunition reload or/remanufacturer with multiple shooting champion awards. I am experienced with shotgun design. Virtually all shotguns operate on one of about 11 different designs. So this variant probably differs only very slightly. I can examine it to see if there is a malfunction or defect. I can also procure exemplars and test them. I have examined many exploding firearms in the course of my career, all of which to date have ended favorably for the plaintiff. The problem was either a defect in ammunition or the firearm itself. These lawsuits involved either suing the ammunition manufacturer, the firearms manufacturer, or both.

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