Earlier this week, a Missouri federal judge preliminarily approved a class action settlement over allegations the triggers in millions of rifles produced and sold by Remington Arms Company LLC are faulty and can cause the rifles to accidentally discharge.
The Remington rifle class action lawsuit was initially filed in January 2013 by plaintiffs who had experienced an accidental discharge of their Remington firearms allegedly due to a trigger defect. The plaintiffs filed an amended class action lawsuit on April 8, which included allegations of fraudulent concealment and unjust enrichment. According to the Remington class action lawsuit, Remington was aware of design flaws associated with its Walker Fire Control trigger even before the rifles containing the trigger entered the market.
“Indeed, Defendants have known since 1979 that at least one percent of all Model 700 Rifles at that time would ‘trick,’ allowing them to fire unexpectedly without a trigger pull,” the amended Remington rifle class action lawsuit says. “On information and belief, Plaintiffs contend that this percentage is vastly understated and that all Model 700 Rifles are subject to unexpected firing without a trigger pull. This is because of the design defects inherent in the Walker Fire Control trigger assembly which are common to all Models that employ this fire control.”
According to the defective rifle class action lawsuit, the Walker Fire Control trigger utilizes a trigger connector, which “floats” above the trigger but is not actually attached to the trigger. When a rifle is fired, the connector allegedly separates form the trigger body, creating a gap that allows debris, moisture or other substances to become trapped. This buildup can allegedly prevent the trigger connector from returning to its proper placement, and increases the risk that the rifle will discharge without a trigger pull.
Under the terms of the Remington rifle settlement, Remington has agreed to replace the trigger systems on more than 7 million of its rifles. The class action settlement covers Remington Model 700, 721, 722, 725, Seven, Sportsman 78, 600, 660, 673, XP-100, 710, 715 and 770 firearms that contain a trigger mechanism that utilize a trigger connector.
Remington initially filed a notice indicating it would settle the defective trigger class action lawsuit in July 2014. The parties filed a joint motion seeking preliminary approval of the class action settlement in December.
The final approval hearing has been scheduled for Dec. 14, 2015.
Plaintiffs are represented by Richard Ramler of Ramler Law Office PC; Jordan L. Chaikin of Parker Waichman LLP; Richard Arsenault of Neblett Beard & Arsenault; Jon D. Robinson and Christopher Ellis of Bolen Robinson & Ellis LLP; Charles E. Schaffer of Levin Fishbein Sedran & Berman; Eric Holland and R. Seth Crompton of Holland Law Firm; Timothy Monsees of Monsees Mayer; and John Climaco and John Peca of Climaco Wilcox Peca Tarantino & Garofoli Co. LPA; and Mark Lanier of Lanier Law Firm.
The Remington Rifle Class Action Lawsuit is Pollard, et al. v. Remington Arms Company LLC, et al., Case No. 4:13-cv-00086, in the U.S. District Court for the Western District of Missouri, Kansas City Division