The lawsuit filed by a retired paralyzed Los Angeles police officer has been reinstated by a California appeals court. The lawsuit was for product liability and it was filed against the gun manufacturing company known as Glock. The officer, Enrique Chavez, became paralyzed when he was accidentally shot by his three-year-old son with his service pistol.
Chavez claims in the lawsuit that the gun, a .45-caliber Glock 21 pistol, does not have proper safety guards against accidental discharge. There is no grip safety on the Glock, which is usually attached to a pistol grip that has to be activated prior to firing the gun. The lawsuit was originally dismissed two years ago by a judge in Los Angeles. When the lawsuit was dismissed, the judge said that a review conducted by the Police Department discovered that the Glock’s design outdid the possible risks.
On Tuesday, the 2nd District Court of Appeals decided to reinstate the lawsuit. The court said that a jury would be able to conclude that a safety strong enough on the Glock would have been able to stop the grasp of a child from firing the gun, therefore limiting the risk of an accidental shooting.
The lawyer representing the Glock manufacturer, Christopher Renzulli, said, “Guns are not designed or manufactured for children.” Renzulli said he would place the blame on Chavez, who, “left a loaded firearm within the reach of his young son.”