A former sheriff with Clark County, WA, is suing a safe manufacturer for wrongful death as the man's young son was able to access a gun from their locked home safe and accidently shoot himself. He is also suing the county for declaring the safe serviceable for sheriffs to use in their homes, as reported by the Courthouse News Service.
The safe, made by Stack-On Products, proved to have a defective lock. The suit states that Clark County police were aware of the defect. Parents E.O and K.O have named Stack-On Products, Clark County and Sheriff G.L. as defendants.
R.O., three years-old at the time of his death, shot himself in the face in September of 2010 and later died in a hospital.
According to the lawsuit, the plaintiffs were cleared of any negligence or fault in their son's death. A detective, from another agency, concluded that the fault was due to a failed locking mechanism within the safe.
In a memorandum to his superiors the detective wrote, "'I have genuine concerns ... that the Stack-On Strong Box safe can allow unwanted access to the contents of the safe. I'm making you aware of this problem so necessary steps can be taken to ensure the safety of our personnel and their families."
E.O. and K.O. claim that employees in Clark County, and deputies in the Sheriff's Office, had reported malfunctions with the safe locks from 2006 to 2010. It is alleged in the suit that though the county had this knowledge they failed to warn police about the problem and potential threat.
In 2004, however, Stack-On Products had issued its own recall and stated, "These safes can be opened without the use of a combination by jiggling with the door knob. This could allow unauthorized access to a handgun and the potential for injury."
The suit noted the recall and added, "Despite having received the recall notification, the county continued to purchase the safes in large quantities with little or no inquiry, product research or testing. Eventually the county began purchasing large quantities of the safes directly from Stack-On at a significant discount (approximately $36.00 each) and then resold additional units to CCSO employees for their personal non-work use."
The couple is suing Stack-On for product liability. The County is being sued for misrepresentation, negligence and infliction of emotional distress.
In May of 2012 E.O. sued the county, Sheriff G.L and Chief Deputy M.E. – that time for wrongful termination. The current suit claims that "In retaliation for plaintiff's repeated complaints regarding the dangers posed by the Stack-On gun safes and to chill his ability to further complain, (G.L.), (M.E.) and the County prosecuting attorney's office 'reopened' an investigation into plaintiff and launched a new internal affairs review designed to publicly discredit him and justify his eventual termination from employment."
Attorney Gregory Ferguson is representing E.O. in both lawsuits.
Loosing a child in any scenario is gut wrenching. However, filing a lawsuit that will force change and prevent further calamity is a worthy pursuit. Contact a personal injury lawyer today for help!