Enrique Chavez asserts that his Glock 21 lacked adequate safeguards against an accidental discharge due to the lack of a grip safety and too light a trigger pull.
A LA judge kicked the suit two years ago. He believed that the review by the PD of the firearm’s design was adequate and did not clearly demonstrate that an alternate design would have prevented the shooting. The Second District Court of Appeal disagreed and reinstated the suit. The ruling was 3-0.
The child, who was NOT in a child safety seat in the back of his father’s pickup truck, dug the gun out from under the truck seat and shot his dad in the back. The PD did take administrative action against Chavez for failure to secure his firearm properly.
The Glock lawyer pointed out that the gun is not a toy and is not intended to be safely handled while loaded by a small child.
While this whole thing is tragic and I understand the officer wanting to blame somebody besides himself for his situation, he screwed up and it cost him dearly. Blaming the gun’s maker is stupid. I wonder why he didn’t sue his department for issuing it, or the State for approving it as a safe gun? Maybe because he knows it wouldn’t fly and is hoping for a nuisance payoff. It’s a shame, but it is nobody’s fault but his own.