Are we going to be sued?

[TexasJack]

Our litigious society has people so scared that it's a wonder that anyone gets out of bed in the morning.  You see the same kind of thing on gun forums: "If you shoot a robber with a reload, you'll go to prison forever!  - or - you'll be sued by the robber - or - both bad things will happen and then Armageddon!"

If you have ANY kind of business, you have to be careful and make sure things are structured and insured.  It never hurts to be prepared.

On the other hand, how many holsters "fail".  You'd pretty much have to design one that dropped the gun or snagged the trigger or something stupid in order for that to happen.

 

[Lobo]

On ‎5‎/‎28‎/‎2020 at 11:26 PM, TexasJack said:

Our litigious society has people so scared that it's a wonder that anyone gets out of bed in the morning.  You see the same kind of thing on gun forums: "If you shoot a robber with a reload, you'll go to prison forever!  - or - you'll be sued by the robber - or - both bad things will happen and then Armageddon!"

If you have ANY kind of business, you have to be careful and make sure things are structured and insured.  It never hurts to be prepared.

On the other hand, how many holsters "fail".  You'd pretty much have to design one that dropped the gun or snagged the trigger or something stupid in order for that to happen.

 

I will take issue with this to some degree.

Like everything else in life firearms and holsters have evolved quite a lot over the past 30 years or so. Today just about every public shooting range, and many privately owned ranges, require holsters that fully contain the trigger guard area; this is something that was very seldom seen back in the 1970's and 1980's. The difference has come about because of the widespread acceptance of striker-fired semi-auto pistols (many with no manual safety devices, like the Glocks), and leaving the trigger exposed is an invitation to an unintentional discharge. As a retired police chief I have read dozens of reputable studies reporting that unintentional and accidental discharges of police handguns has been a growing problem since the transition away from double-action revolvers (30-plus years ago now).

Back in my puppy policeman days we carried double-action revolvers, typically Colt or Smith & Wesson, each having passive safety devices built-in that require the trigger be completely pulled to the rear and held throughout the hammer fall, and double-action firing required about 20 pounds of continuous pressure applied to the trigger. We carried those revolvers in holsters with the trigger and trigger guard areas completely exposed with no problems whatsoever.

Today's striker-fired semi-autos may, or may not, feature a spring-loaded tab on the trigger that must be actuated by the trigger finger during the trigger pull. Trigger pull weight is typically 4 to 6 pounds (unless modified, and modification kits are widespread, allowing significantly lighter trigger pull weights). Holsters now almost universally feature full coverage of the trigger guard area as a means of preventing unintentional discharge caused by impact, interference of clothing, pressures applied by car seats, and other causes. Law enforcement officers are usually trained and drilled on safely drawing and holstering the handgun to avoid conflicts and accidents.

That doesn't mean that accidents do not happen. Training, even when done properly and repeatedly, can easily be overcome by adrenaline-fueled incidents, or simply stupid acts done with little or no thought of consequences. A holster may have an approved fully covered trigger guard, but when the handgun user attempts to holster the pistol with his finger inside the trigger guard there can be some ugly results.

Not everyone who purchases or owns a handgun is a trained law enforcement officer. Many people acquire handguns without any training in safe handling or operation, or (perhaps worse) had some level of training years earlier and assume that they know everything necessary without regard to weapon type, holster type, or other factors in play. Even if you, as a holster maker, sell your products only to full trained and experienced users there is nothing to prevent those products from passing through other hands and used by less qualified people.

There are also holsters that remain in use way beyond the point in time that they have become so worn or damaged that they should be retired or trashed.

The one thing that will always be a factor in every incident is that when an accident or injury occurs the user will be looking to blame anyone but himself, and the user can easily retain an attorney to seek damages from the holster maker based on a theory of faulty design or poor manufacturing practices.

I will restate my earlier advisements to spend a few bucks now for competent legal advice, purchase a comprehensive business liability insurance policy, and always keep all of your personal assets (home, bank accounts, retirement funds, etc) completely separate from the business operation to shield yourself from today's litigious idiots and their cut-throat lawyers.