A federal judge has granted preliminary approval to a $38 million class action settlement resolving allegations that a gun defect allows weapons manufactured by Brazilian company Forjas Taurus SA to fire when dropped.
Under the terms of the settlement, owners of seven models of Taurus guns may be able to make a claim.
The seven models include “Rossi” branded .357 Magnum and .38 Special revolvers – R35102, R35202, R85104, R97206, R97104, R46202, R46102 manufactured from 2005 until 2017.
Class Members can claim a $50 cash award and will be able to send affected Taurus guns back to the manufacturer for a free inspection and repair.
Lead plaintiffs William and Oma Louise Burrow claimed in their 2016 class action lawsuit that the Rossi guns manufactured by Taurus have the propensity to discharge if dropped, also known as “drop-fire.”
Labeling the products “unreasonably dangerous and unfit for their intended use,” the plaintiffs say the revolvers do not have an internal safety feature that would stop the unexpected discharge.
“In addition, some of the Revolvers contain a second defect that causes the other internal safety feature to malfunction, thereby allowing a drop-fire to occur,” the Taurus gun class action lawsuit states.
“In the Revolvers where this second defect is present, there is no internal safety feature or mechanism to prevent the Revolver from firing a cartridge from hammer spur impact.”
The plaintiffs, who own a farm in Alabama, alleged that they purchased a gun manufactured by Taurus, the Rossi model R35102 revolver. They say that a deciding factor was Taurus’ safety representations about the revolver.
According to the gun defect class action lawsuit, after a day of working on their farm, they returned home. While entering their garage, Oma Burrow alleges that she dropped the Taurus revolver, while still secured in its holster, on the cement floor and it discharged.
The shot hit Oma Burrow in the knee because of a gun defect that allowed the revolver to fire when dropped, the class action states.
The plaintiffs allege that the gun defects stem from the improper design and manufacture of certain weapons by Taurus.
According to the gun class action lawsuit, Taurus has never acknowledged the gun defects or issued a recall.
However, Taurus has settled allegations of a gun defect before. The company paid a massive $239 million after it was accused of selling 1 million guns with a defect that caused them to fire when dropped in 2016.
The gun defect class action settlement comes on the heels of news that parents of children who died in the Sandy Hook massacre can proceed in their case against gun manufacturer, Remington, holding that company accountable.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The Class is represented by Brian W. Warwick of Varnell & Warwick PA, Brannon J. Buck of Badham & Buck LLC, Gregory A. Brockwell of Brockwell Smith LLC, Chris Bataille of Flanigan & Bataille, Andrew F. Knopf of Paul Knopf Bigger, and Vincent Swiney of Swiney & Bellenger LLC.
The Taurus Gun Defect Class Action Lawsuit is Burrow, et al. v. Forjas Taurus SA, et al., Case No. 1:16-cv-21606, in the U.S. District Court for the Southern District of Florida.
UPDATE: April 2019, a website has been set up to let Class Members know about their rights under a Rossi Revolver class action settlement.
UPDATE 2: November 2019, the Rossi revolver gun defect class action settlement is now open. Click here to file a claim.
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