DIANA recalled its Stormrider Gen 2 Air Rifles on September 10th, 2019. About 1,400 units were recalled, consisting of both the .177 and .22 caliber models. The rifles are powered by compressed air cylinders and fire pellets.
They were manufactured in China at a gun factory and were imported into Ohio. From July 2018 to July 2019, they were sold at Pyramyd Air, Air Gun Depot, Amazon, and other retailers and online stores for around $220.
The reason for the recall pertains to the tendency for the rifle to unexpectedly discharge, even when the safety is engaged. This is a huge risk and serious health hazard. There has been a single report of the premature discharge, but the recall implies that more are likely.
For a remedy, the company has recommended that consumers stop using the rifle and contact Air Venturi for a repair kit and installation instructions. The repair can be done at home without having to take the rifle into the shop. The trigger guard is removed and the old trigger is replaced with a new one. The company will contact consumers directly to send them a free kit.
What are Potential Injuries from Defective Air Rifles?
There are many injuries that can happen from a defective air rifle. If it is loaded and it prematurely fires, you can be shot with pellets or BBs that can cause extreme damages, especially at close ranges. If you are shot, you can suffer the following:
- Internal organ injuries
- Nerve damage
- Neck and spinal cord injuries
- Muscle damage
- Scarring
- Loss of eyesight
- Internal bleeding
- Paralysis
- Coma
- Death
The extent of the injuries will greatly depend on the proximity of the shot and the location of the shot. If you were shot from close range but the pellet only grazed your skin, you might only need a handful of stitches to close the wound. However, if you were hit in center mass, the pellet or BB could lodge under your skin, in your ribs, in the breastbone, in your lungs, in your heart, and more. An accidental shot to the head can be enough to kill someone.
Air gun laws are lax in some areas, and many families and businesses do not see them as overt threats. Children who use air guns can be irresponsible with the rifles, and a lack of training or awareness while using them can increase the risk of severe injuries. Young people may also not be aware of the potential defects present with the air rifles, which can lead to troublesome situations.
If you were injured because of a defective air rifle, you should pursue legal action against the company.
What should I do if I were hurt by a defective Stormrider rifle?
If you were injured because of a defective Stormrider rifle, it is important that you follow this procedure. Failure to adhere to these steps can result in a loss of your lawsuit and no way to receive the compensation you deserve. You should do the following:
Go to the doctor at once to get treated for your injuries. It is extremely important that you do not hesitate to get medical treatment. If you wait too long, the insurance agency will doubt the validity of your claim and will believe that you were hurt elsewhere. Additionally, if you do not get help quickly, you risk worsening your health. While at the hospital, you should keep copies of medical receipts, doctor’s notes, treatments, medication prescriptions, and more. You can also take pictures of your injuries.
Next, do not return the item to the store or to the company. You should take pictures of the defect, if possible, or videotape the discharge. This will allow you to show what the issue is. If you return the rifle, you will have no hard evidence and will not be able to prove that you were hurt by it.
Further, do not tamper with the rifle. Even though Air Venturi will send you a repair kit, you should avoid using it. If you do try to fix the rifle yourself, you may further damage it or cause issues. The company can claim that it is impossible to tell what damages were caused by you and what the defect was, and thus, there is no way to discern liability.
It will be beneficial to your claim if you get statements from other individuals who also had the air rifles and suffered similar discharges, or people who saw the discharge happen with your rifle. If you do not have additional perspectives and testimonies, your claim can suffer.
Make sure that you hold on to any receipts, proof of purchases, and bank statements showing that you were the purchaser of the rifle. This will come in handy if there is any dispute from the company.
After gathering all of your evidence you should reach out to a skilled lawyer with experience in product liability claims. You may not have any experience handling such lawsuits, and if you try to move forward with your claim, you stand the chance of not succeeding. It is important that you get accurate legal representation so you can focus on healing and returning to your normal life.
In order to file a product liability case, you must show that there was either a design error with the rifle, a manufacturing defect in the production of the rifle, or a lack of warning signs or symbols on the packaging or the item. Because the discharge can happen even with the safety on, it is likely a manufacturing defect.
Feel free to call our attorneys for more assistance suing DIANA for a defective air rifle.
What is the statute of limitations to file a product liability lawsuit?
In California, product liability cases must be filed within 2 years of the injury, just as all personal injury lawsuits must be filed. If you do not file your claim within this period, you will not be able to receive any compensation. The statute of limitations allows both parties ample time to get evidence and set up a defense, and it prevents claims from being stuck in limbo or not being filed quickly enough.
There are a few ways in which the statute of limitations can be extended, however. Minors cannot legally sue, and thus, they can wait until they are 18 years old before adhering to the statute of limitations. Those left in states of mental or physical incapacitation can also not sue, and they can wait until they return to functionality. Finally, if the defendant has left the state, the lawsuit cannot be filed, and the statute will be suspended until he returns.
Do not miss the chance to file a lawsuit against DIANA for their defective air rifles if you were injured. If you are unsure about the time left on your claim, call our law offices today for clarification.
What can I win in a lawsuit against DIANA for defective air rifle injuries?
There are various amounts of compensation you can win if you were injured in a defective air rifle accident. The value of your case is determined by the extent of your injuries and how negligent you were. If you were partially responsible for the accident, you won’t earn as much compensation. Our attorneys will strive to win you the following:
- Medical expenses from the incident, including ambulatory transportation, hospitalization, medication fees, surgery costs, physical therapy costs, and future medical procedure fees
- Lost property or replacement fees for the air rifle
- Lost income from the time you could not go to work because of your injuries, as well as future missed wages if you could not return because of recovery time or additional medical treatment
- Pain and suffering damages for emotional distress, psychological pain, fear, PTSD, anxiety, and more
- Wrongful death damages if a loved one or family member died in the incident, which can include funeral and burial fees, loss of relations and consortium, loss of expected inheritance and savings, pre-death medical bills and pain and suffering, and more
Our attorneys will not stop pursuing your rightful damages until we are satisfied with the results.
The Best Firm in Town
Normandie Law Firm can provide you with an expert product liability attorney if you need one. We are highly rated and are renowned for our success. We have recovered hundreds of millions of dollars for our clients, and our aggressive lawyers will always pursue every dollar you deserve. We are willing to fight for your case before a judge in court, and we will always be there for you.
To set up a free legal consultation, contact our law firm today. We will walk you through the legal process, help you understand how to sue DIANA, and answer all of your questions and concerns. We will also tell you how much we feel your case is worth.
If you want us to represent you, we will give you our zero fee guarantee. This states that you won’t have to pay us any money from your personal savings at all for our services. We will only get paid if we are successful, and our fees will come from the insurance settlement or verdict we win you. If we lose, we do not get paid a dime.
Contact Normandie Law Firm today to sue DIANA for injuries from a defective Stormrider Gen 2 air rifle.
