BE plastic guns... lawsuit... surprised?

Brewtt · 07-31-2006, 01:44 PM

Alleged Paintball Gun Defect Leads To Lawsuit

A Wal-Mart in Yuma, Arizona, and a toy distributor have been sued by the family of a Mexican boy whose eye was injured when a paintball gun malfunctioned.

The lawsuit seeks compensation for ten-year-old Rolando Nunez Villa, who was blinded in one eye when a compressed gas cartridge used in a "Blade Turbo" model paintball gun sold at Wal-Mart ejected from the gun and struck him in the face. A lawyer says the boy was not using the gun at the time but was nearby.

Neither Wal-Mart nor Brass Eagle, which distributed the toy, would comment on the lawsuit.

The gun has been recalled by the U.S. Consumer Product Safety Commission, and Brass Eagle is urging people to stop using it. There have been at least 73 reported incidents as a result of the alleged defect, seven involving injuries.

The gun was sold in Wal-Mart, Kmart and sporting goods retailers nationwide from January 2005 through January 2006 for about 20 dollars.

(Copyright 2006 by The Associated Press. All Rights Reserved.)

Liz Massey, THV Anchor
Created: 7/30/2006 4:56:13 PM
Updated: 7/30/2006 4:56:29 PM

http://www.todaysthv.com/news/news.aspx?storyid=32064

respiegel · 07-31-2006, 01:54 PM

i saw the recall on BE's website... why was a boy nearby a loaded paintball gun without wearing eye protection? i never trusted the Blade series of guns, i don't think the C02 bucket changer should ever be made of plastic.

Azzy · 07-31-2006, 02:02 PM

sounds like someone pulled out the changer with air still in the gun. With that dual system, it would be possible for one 12gram to stick to the seal a bit, giving the other a bit of a push out, and then the little CO2 rocket goes and hits the kid...

Or am I grabbing at strings there?

BigOldSkool · 07-31-2006, 02:04 PM

I had one of the pre recall models for a year or so now and it still works fine.. granted I did get the replacement co2 bucket from BE.

Now the other day I went to wal-mart to.. as funny as this sounds.. deoderant shop (Ive come to like a specific kind that seems to be no longer made so I went to get a few types to try out ) .. and went to the sporting goods section and they still had pre recall models there... Walmart is the armpit of american consumerism....

Drum · 07-31-2006, 02:18 PM

Al and I witnessed the aftermath of a BE Talon malfunction in upstate NY.
Kid comes walking up to the head ref who was visiting the Blue's Crew tent and asks for a med kit. We all look at him and he had blood streaking his face.
He had been struck by a 12g in the eyebrow hard enough that it broke the skin open. He had thereafter successfully gassed up the BE and was headed out on to the field to play, but wanted a bandaid because the blood kept running into his eyes.

We all attributed it to rookie mishandling, but maybe a gun designed for rookies ought to figure out a way to make the design safe for rookies.

D.

(Please note my avoidance of the various smelly comments that came into my head after reading Kecker's post above.)

respiegel · 07-31-2006, 02:53 PM

Taken from BrassEagle.com

Quote:

Hazard:
The carbon dioxide (CO2) cartridges can be forcibly ejected out the
back of the paintball marker and break the plastic screw-on
cap. This poses a serious risk of injury to the paintball markerâ€™s
operator who can be hit forcefully by the CO2 cartridges or the
plastic screw-on cap. Overtightening the screw-on cap after the
cartridges are pierced can result in a serious impact injury.

I agree 100% with drum, if its going to be used by kids, make them kid proof. really would an aluminum valve train cost that much more?

ringer706 · 07-31-2006, 04:11 PM

Ahh the smell of more great PR for paintball...

BigOldSkool · 07-31-2006, 04:39 PM

Quote:

Originally Posted by respiegel

Taken from BrassEagle.com

I agree 100% with drum, if its going to be used by kids, make them kid proof. really would an aluminum valve train cost that much more?

Because its a double edged sword..

Kid proof does not mean kid priced..

And drum yes... reeky.. after PP3 sweating all day and falling asleep on the ground in the rain.. reeky is more like decaying dead wookie hehe

Z50 · 07-31-2006, 04:40 PM

Quote:

Originally Posted by BigOldSkool

I had one of the pre recall models for a year or so now and it still works fine.. granted I did get the replacement co2 bucket from BE.

Now the other day I went to wal-mart to.. as funny as this sounds.. deoderant shop (Ive come to like a specific kind that seems to be no longer made so I went to get a few types to try out ) .. and went to the sporting goods section and they still had pre recall models there... Walmart is the armpit of american consumerism....

I pointed out to a clerk at the local Wal-mart that the blade had a recall and they just shrugged off my comment. The clerk wont lose his job if the gun injures someone, the store wont go out of business, and Wal-mart can afford the lawsuit and the lawyers to win it so they donâ€™t have to care.

knightmare96 · 07-31-2006, 06:15 PM

Quote:

Originally Posted by Z50

I pointed out to a clerk at the local Wal-mart that the blade had a recall and they just shrugged off my comment. The clerk wont lose his job if the gun injures someone, the store wont go out of business, and Wal-mart can afford the lawsuit and the lawyers to win it so they donâ€™t have to care.

I am sure Wallmart cares, yes they can afford the suit, but they dont want to waste money over a simple pull. I am sure they have issued a warning to the managers, and asked them to take care of the recall. The problem is the managers/associates probably don't care one bit. Because like you said no one will lose their job over it.

give it a week, I am betting that if walmart keeps the gun in their inventory for too long it shows up on a report somewhere, and some upper management will bark at them.

07-31-2006, 01:44 PM	#1 (permalink)
Brewtt CHEERS! Join Date: Mar 2006 Location: Northern California Posts: 4,086	BE plastic guns... lawsuit... surprised? Alleged Paintball Gun Defect Leads To Lawsuit A Wal-Mart in Yuma, Arizona, and a toy distributor have been sued by the family of a Mexican boy whose eye was injured when a paintball gun malfunctioned. The lawsuit seeks compensation for ten-year-old Rolando Nunez Villa, who was blinded in one eye when a compressed gas cartridge used in a "Blade Turbo" model paintball gun sold at Wal-Mart ejected from the gun and struck him in the face. A lawyer says the boy was not using the gun at the time but was nearby. Neither Wal-Mart nor Brass Eagle, which distributed the toy, would comment on the lawsuit. The gun has been recalled by the U.S. Consumer Product Safety Commission, and Brass Eagle is urging people to stop using it. There have been at least 73 reported incidents as a result of the alleged defect, seven involving injuries. The gun was sold in Wal-Mart, Kmart and sporting goods retailers nationwide from January 2005 through January 2006 for about 20 dollars. (Copyright 2006 by The Associated Press. All Rights Reserved.) Liz Massey, THV Anchor Created: 7/30/2006 4:56:13 PM Updated: 7/30/2006 4:56:29 PM http://www.todaysthv.com/news/news.aspx?storyid=32064 __________________ Dabbling in the recreational paintball arts since 1991.

07-31-2006, 01:54 PM	#2 (permalink)
respiegel MCB Member Join Date: Apr 2006 Location: Huntsville, AL Posts: 550	i saw the recall on BE's website... why was a boy nearby a loaded paintball gun without wearing eye protection? i never trusted the Blade series of guns, i don't think the C02 bucket changer should ever be made of plastic. __________________ My PBN Feedback \|\| My AO Feedback \|\| My MCB Feedback

07-31-2006, 02:02 PM	#3 (permalink)
Azzy Mod-O-Rator Join Date: Mar 2006 Location: Finleyville, PA Posts: 7,120	sounds like someone pulled out the changer with air still in the gun. With that dual system, it would be possible for one 12gram to stick to the seal a bit, giving the other a bit of a push out, and then the little CO2 rocket goes and hits the kid... Or am I grabbing at strings there? __________________ Bryan "Azzy" Spiegel webmaster - Riverside Renegade Paintball / C.C. S.V.S. Plankowner - LPPC#6 Check out VintageRex.com, the premiere paintball museum "A Patriot and free-thinker with respect to social standards in 1760, is today's traitor and dangerous mind." - incynr8

07-31-2006, 02:04 PM	#4 (permalink)
BigOldSkool MCB Member Join Date: Jul 2006 Location: Deer Park, NY Posts: 1,870	I had one of the pre recall models for a year or so now and it still works fine.. granted I did get the replacement co2 bucket from BE. Now the other day I went to wal-mart to.. as funny as this sounds.. deoderant shop (Ive come to like a specific kind that seems to be no longer made so I went to get a few types to try out ) .. and went to the sporting goods section and they still had pre recall models there... Walmart is the armpit of american consumerism.... __________________ RIP - Ed "BigDaddy" Roth and "Indian" Larry "Reading APG does not make you an airtech" http://www.myspace.com/eastcoastanarchypaintball

07-31-2006, 04:11 PM	#7 (permalink)
ringer706 Seasoned Member Join Date: Mar 2006 Location: Hudsonville Michigan Posts: 666	Ahh the smell of more great PR for paintball... __________________ Feedback She told me we couldn't afford beer anymore and that I'd have to quit drinking. Then I caught her spending $65 on makeup. I asked how come I had to give up stuff and she didn't. She said she needed the makeup to look pretty for me. I told her that was what the beer was for. I don't think she's coming back...

07-31-2006, 02:18 PM	#5 (permalink)
Drum The Mods' Mod! Join Date: May 2006 Location: Trenchtown Posts: 5,719	Al and I witnessed the aftermath of a BE Talon malfunction in upstate NY. Kid comes walking up to the head ref who was visiting the Blue's Crew tent and asks for a med kit. We all look at him and he had blood streaking his face. He had been struck by a 12g in the eyebrow hard enough that it broke the skin open. He had thereafter successfully gassed up the BE and was headed out on to the field to play, but wanted a bandaid because the blood kept running into his eyes. We all attributed it to rookie mishandling, but maybe a gun designed for rookies ought to figure out a way to make the design safe for rookies. D. (Please note my avoidance of the various smelly comments that came into my head after reading Kecker's post above.)