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SOURCE:
Hunter sues after crossbow amputates part of finger | Southeast Texas Record



Southeast Texas' Legal Journal
Tuesday, March 5, 2013 Last Update: 03/04/13 07:47 pm

Hunter sues after crossbow amputates part of finger March 1, 2013 4:20 PM
By Michelle Keahey, East Texas Bureau
TYLER — After his crossbow amputated part of his finger, a Collin County man has filed a lawsuit claiming that the manufacturer of the crossbow is negligent for failing to provide an appropriate guard to protect users’ fingers.


Man using a Stryker StrykeZone 380 crossbow



Kyle Hamilton filed suit against Bowtech on Feb. 22 in the Tyler Division of the Eastern District of Texas.
The incident occurred on Aug. 25, 2012, while Hamilton and his friends were at a deer camp and were taking turns shooting at a target with a Stryker StrykeZone 380 crossbow. According to the lawsuit, as Hamilton fired the Stryker crossbow, the bow string violently amputated part of his left thumb.


Hamilton argues that Bowtech was aware that it was common for bow users to inadvertently place their thumb or finger in a position it could be struck by the bow strings.


“Defendant also knew that if a user’s finger or thumb were placed above the flight rail or into the path of a moving bowstring, serious injury, including amputation, could be caused to the user’s finger or thumb,” the lawsuit states.


Turley



The plaintiff claims that there are alternative safer designs, which provide protection for hands and fingers through the use of guards or larger grips and handles.


The defendant is accused of strict liability and negligence.


The plaintiff is seeking an award of damages for medical expenses, mental anguish, emotional distress, physical pain and suffering, physical disfigurement, physical impairment, lost wages, lost earning capacity, exemplary damages, interest and court costs.


Hamilton is represented by Windle Turley and T. Nguyen of Turley Law Firm in Dallas. A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.


Case No. 6:13-cv-00193
 

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That's gotta hurt...

And, no to the lawsuit. You should be fully aware of how your weapon works.
 

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Let's see, I have a crossbow and it is cocked, this string is under hundreds of pounds of pressure ready to fire, I put my finger in front of the path of the string and fire the weapon, lose part of my finger and sue the company for negligence.

To the plaintiff, standing in front of moving vehicles could cause a vehicle to hurt you.
Putting your body parts (such as fingers) in front of a moving knife can cut you.
Jumping off of tall buildings can cause painful sudden stops.
Eating ice cream to fast can give you one heck of a headache.
If you ever are around firearms, please run away from them before you hurt yourself or someone else.


Let me see, I wonder if I look down the barrel as I fire, if I can see the bullet coming?
 

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The plaintiff?

Event Fun Photobombing
 
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I got my finger hammered trying to clear a jam in a semi auto shotgun. It was my gun. I know how it operates. The slide was locked back and it was one of those things that you really need 3 hands to do properly. I caused the slide to release and chomped my finger good - thought I'd broken it - lost a nail - took months to heal. I put my finger in harms way, caused the accident and knew why. I had the same jam again (do not mix ammo types in my 930 - problem solved) and went to my shop, cut a piece of wood the correct length to hold the slide open and (more) safely cleared the jam.

That does NOT look like a beginner's bow. He has either too much bow or...
 

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Nobody wants to take responsibility for their own actions anymore. Someone else is always to blame, then sue. Why spend all that money to go to college to become smart, get a great paying job, and live happily ever after, when you can be dumb as a rock and sue for millions?
 

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Da what does this do????? Now he knows better. Stupid...
 
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Hmmm... I wonder how much I can get for all those instances of "M1 thumb" I inflicted on myself over the years?
 

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And the "I'm a jackwagon so I'll make a frivolous lawsuit because I gave myself a booboo and it can't possibly be my own fault" award of the day goes to...
 

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Agree that it does NOT look like a beginner's model weapon. And, at deer camp????? I believe we all know what goes on (and down) at deer camp! And with all the legal disclaimers we see nowadays, I am willing to BET you that somewhere either as a sticker on the crossbow, on the labelling on the packaging, or in the users manual that there is an EXPLICIT INSTRUCTION: Please keep hands and fingers out of the path of the drawstring as, due to the high tension load, bodily injury may occur!

Keep your arms and hands inside the ride at all times while it is in motion!
 

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I thought "assault crossbows" were illegal in Texas.
Maybe it was that I heard they weren't suppose to sell them to stupid people.
Either way: crossbow 1...........idiot 0
 

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"Man using a Stryker StrykeZone 380 crossbow"

It'd them d-mned 380s again!
I tell everyone I know "Move up to at least 9mm!" You hear now? That's what I tell 'em!
 

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I seriously hope this gets thrown out with predjudice. You buy a high power cross bow, don't know squat about safety then want to blame the manufacturer. Look back to when you were a kid. If you did something similar to this with a different item your dad or grand dad would tell you to give them your other hand for being so stupid.
 
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Now, although I have fired crossbows before (Awesome, btw!!!), I have never owned one. I have owned a number of
compound bows in the past, and one respect in which they are very similar to firearms is in the fact that the manuals are
usually plastered with safety warnings. Also, there are usually warnings on the bows themselves advising people to RTFM
before attempting to use it.

Sounds to me like the guy screwed up, and is trying to allay the fact that he pulled an idiot move with $$$. Unfortunately, the
way things work in this day and age, all he will succeed in doing is putting crossbows in the sights of those who would see us
defenseless.
 

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Hmmm... I wonder how much I can get for all those instances of "M1 thumb" I inflicted on myself over the years?
And I thought I was the only one on here old enough to remember the M1 THUMB (ouch)
 
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