Blaming the gun


iconWhat happened to Brandon Maxfield is tragic. For a seven year old boy to be rendered a quadriplegic is tragic. But his blame is misplaced. Brandon blames the gun, and the gun manufacturer. He sued the gunmaker and a sympathetic California court awarded him $24 Million, forcing the manufacturer out of business. Now Brandon, at age 17, is on a misguided quest to buy the gunmakers inventory and melt it all down into a modern art masterpiece.

Brandon says he doesn't want those guns to hurt anyone else. He says the manufacturer "should take full responsibility". I disagree, and here's why:

Maxfield's life-changing injury happened when he was 7 and a 20-year-old family friend who was babysitting thought he heard a suspicious noise and grabbed a gun from a dresser drawer. The babysitter called Brandon's mother, who instructed him to immediately unload the .38-caliber pistol. While trying to do that, the babysitter accidentally pulled the trigger.
Lets analyze this. Brandon's parents left a loaded gun in their dresser drawer. The babysitter grabbed it, pointed it at their son, and pulled the trigger. And the Maxfields are blaming the gun.
A jury in Oakland assigned more than half the blame for what happened to the boy's parents and the babysitter who fired the gun. But they said the gun maker also was liable because the pistol could only be unloaded when its trigger safety catch was switched off.

The jury awarded damages totaling $50.9 million - an amount calculated to compensate Maxfield for pain and suffering, future medical and educational expenses, lost earnings and diminished life expectancy.

The trust established to guard the funds has collected $8.75 million from an ex-wife of Jennings and from the insurance company of the firm that distributed the gun to the pawnshop where Maxfield's parents bought it.

Since neither the parents nor the babysitter have any money, the $24 million awarded from Jennings and his companies represent most of what Maxfield can expect to get.

But he has yet to collect any money from Jennings, who shuttered his Costa Mesa, Calif.-based factory and moved to Florida. Jennings laid off 25 employees and put his manufacturing business into bankruptcy.

So not only is Maxfield's life ruined, he's out to ruin everyone elses. He's already socked it to Jenning's ex-wife, Jenning's employees, and some nameless insurance company. The parents and the babysitter are getting off scott free.



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Comments

But I'm sure they feel really bad, and spending those millions is only a brave cover for the true turmoil within.

Posted by: Brian J. at August 10, 2004 9:26 AM

You know, reading that, I just realized that on the 1911 you have to remove the thumb safety in order to unload it.

Uh oh...I've got 4 super dangerous devices in my house.

I agree that the parents and babysitter, who the court found mostly to blame, are getting off scot-free is disgusting. Maybe not so much the parents, who are probably still taking care of the guy, but the babysitter should at least have any wages garnished for the rest of Maxfield's life.

Posted by: Heartless Libertarian at August 10, 2004 12:02 PM

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