The second product liability lawsuit against a crossbow manufacturer since June by a plaintiff claiming to have lost part of a thumb due to alleged negligence was filed last week-this time in Texas.
According to a report in the legal journal, Southeast Texas Record, William Quinn Meredith of Collin County filed the lawsuit against Barnett Outdoors and Mark Shuman Inc., dba The Digital Oasis, on Aug. 1 in the Eastern District of Texas, Sherman Division.
Attorneys for Meredith claim the plaintiff severed part of his left thumb while shooting a Barnett Jackal crossbow on Feb. 17, further citing the lack of "safety warnings, safety labels or finger guards on the crossbow to warn users from placing a thumb above the crossbow's rail."
Meredith seeks $200,000 in damages.
In the suit, the defendants are accused of products liability, negligence, and breach of warranty for the defective design, manufacture, assembly, testing, inspection, service, marketing, distribution and sale of the crossbow.
The earlier case, filed May 25 in Madison County (Illinois) District Court, names Hunter's Manufacturing Company dba TenPoint Crossbow Technologies and Cabela's, Inc.
Attorneys for Cyril B. Korte allege their client shot off part of his thumb while deer hunting in 2011 and contend the crossbow he was using should have been fitted with a guard to prevent his thumb from slipping.
The TenPoint Phantom CLS crossbow allegedly used by Korte utilized a safety device called a GripSafety, though attorneys claim it was inadequate protection from injury.
In his suit, Korte alleges design defect, violations of the Illinois Consumer Fraud Act, negligence, fraudulent misrepresentation, negligent misrepresentation, breach of implied warranty of merchantability and willful and wanton conduct against TenPoint. Further he alleges strict products liability, violations of the Illinois Consumer Fraud Act, negligent misrepresentation, breach of implied warranty of fitness for a particular purpose and breach of implied warranty of merchantability against retailer Cabela's.
According to The Madison County Record legal journal, Korte seeks a judgment exceeding $600,000, plus attorney's fees and costs. He also seeks injunctive relief that would require TenPoint to "notify all Illinois residents about the dangerous nature of the crossbow, that would prohibit the company from selling dangerous crossbows and that would force the company to provide a free grip guard to all Illinois consumers."