What Are My Options? (defective firearm)

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B. Lahey

New member
About a year ago I bought a rifle from a small and relatively unknown maker. A month or so back I sent it back to them for a third time because of dangerous malfunctions. It has previously been back to them because it left the factory without vital parts installed and because of different (but equally dangerous) malfunctions.

At the beginning of the troubles the head of the company told me that if they could not get it sorted out, he would provide some sort of refund. Now, though, they are ignoring my e-mails and when I try to call him nobody answers and I get a full mailbox notification.

What are my options? This albatross of a rifle cost me $1200 and it looks like they have no intention of making things right at this point. I looked into some of the lemon laws on the books in my homestate (IN), but the ones I have found have all been automobile-specific so far.

Have I done all that I need to do before I can initiate legal action?

What kind of legal action would be appropriate?
 
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Rich Miranda

New member
I would consult an attorney. While the product happens to be a firearm, this is more of a defective product issue (IMO).

The only bad thing about attorneys is that it may cost more than it's worth to get satisfaction. However, some lawyers offer free consultations and some will charge a relatively low price (maybe $250) to send a letter on their letterhead threatening legal action if the manufacturer doesn't make it right. Sometimes, the letter alone does the trick.
 
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troy_mclure

New member
id try talking to a small claims lawyer, could cost you a portion of the value of the gun, unless you add legal fees and court costs to the suit.
even if you get a smaller portion back its better than what youve got.
 
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B. Lahey

New member
Feds?
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Yeah, I may have to give a call to my friendly neighborhood ATF agent, but wasn't sure if that should be my first step. Up until they stopped returning my e-mails they seemed decent enough folks and I don't want to raise any more hell than is strictly required.

Who are these jokers?
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PM sent. For all I know the head of the company could have been run over by a bus, or have some other reasonable excuse for his noncommunication. I would love to warn everyone, but the time may not be right.

Are you sure that they're still in business?
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Their website is still up and they say they are accepting orders. I was able to return my rifle without a problem by calling their office and speaking to the low-level employees, but speaking to the head honcho is a different story. He seems to have vanished.
 
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tranks

New member
have you tried calling the low-level employees and having them leave the head honcho a note to either call you or delete some old emails?
 
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B. Lahey

New member
Yep, I've asked the regular employees to have somebody get ahold of me both by phone and e-mail. No luck so far, sent out another round o' e-mail this morning. They were friendly and seemed sympathetic over the phone, but what can they do? You can't boss around the boss. The full mailbox is the big cheese's voicemail / office line. He has received the e-mails, he just ignores them.

I may be able to get a lawyer relative of mine to send a letter / get things started without breaking the bank. I'll ask him over turkeyday weekend.

One thing's for sure, I'm never buying from a company without an established reputation again. It's just not worth the trouble, I'm going to let somebody else be the guinea pig next time, no matter how neat the gun seems. It will be hard with my weird taste in firearms, but I can always collect the classics until I can figure out if a given company is worth a crap.
 
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B. Lahey

New member
Update

The letter from my lawyer seems to have done the trick. He talked to them today and they promised a refund.

I'm not counting my chickens before they hatch, but at least it's a step in the right direction.
 
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shortwave

New member
Also a call to the Attorney Generals office and BBB may be in order. Bet if you owed them $1200 the owner(or sub-ordinates) wouldn`t be dragging their feet. Goodluck!
 
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johnwilliamson062

Moderator
Lahey,
I would appreciate the companies name. If a call from the lawyer got things straightened out so quickly it sounds like a serious quality control and service problem.
 
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dahermit

New member
id try talking to a small claims lawyer, could cost you a portion of the value of the gun, unless you add legal fees and court costs to the suit.
even if you get a smaller portion back its better than what youve got.
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There is no such thing as a: "small claims lawyer". You cannot be represented in small claims court by a lawyer. You must represent yourself.
I filed a small claims suit in Michigan a few years ago and it cost me $13.00 total, no court costs. It is similar in other states, the cost to file a small claims suit is a nominal amount. Bring all your paperwork (contract?, emails, other correspondence) and evidence to court with you. There is a limit on how much you can sue for, some states $3,000, some states, $5,000. Sounds like the value of your gun would be withing the limits of most state's limit for small claims.
 
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B.N.Real

New member
You should call the states attorney's generals office for that manufacturers state and tell them if this guys rifles get into the hands of any police officers,we might be burying those police officers because of failed or worse rifles.

And your ATF buddie should make sure his agency and others have'nt accidentally put any of this companies trash on the crime front lines.
 
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blume357

New member
I just recently went to small claims court in S.C. as an expert witness

both sides had lawyers with them.....

Yes, as I understand it (at least in S.C.) you don't 'have' to have a lawyer representing you in small claims court...that is what it is for... but you can. I also think every state has a limit as to how much you can ask for in small claims court... in SC it is $7500.

I think it would be okay to tell us who these nabobs are that couldn't get it right.
 
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Chuckusaret

Moderator
Defective Rifle

How many other poor suckers are out there with defective rifles. If it were me I would put the name of the company on every gun site that I could find plus I would notify the proper authorities. I would even post a summary of all the actions that have been taken to get the company to remedy the problem(s). If the defect rifle could cause injuries to the shooter, it is your civic duty to alert the BBB, state consumer protection groups. Bottom line is what ever it takes to have production stopped and all weapons recalled. I sure would like the name of the company so I'd know to not buy from them.
 
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Chuckusaret

Moderator
Call or e-mail the NRA they will point you in the right direction or they might even represent you. Are you a member, if not, membership is only 25 bucks
 
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B. Lahey

New member
I'll write up a review of the rifle including all information when the situation is resolved.

Don't worry, it's extremely unlikely that any cop uses these guns, they are for history dorks, most people who own them probably don't even shoot them.
 
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B. Lahey

New member
Update

Turns out I was right not to count my chickens based on egg numbers.

They sent me an e-mail today saying that their promise of a refund would not be carried out, and that they "lost" my lawyer's letter to them, so they couldn't talk to him.

Yet another sneaky move from these weasels. Looks like we are going to court.

Oh well, I look forward to it. As a law student I need as much legal experience as I can get.:)
 
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