Fault for negligent discharge

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Question

When it comes to trigger modifications the customer might be found at fault for negligent discharge if it is found that the operator didn't intend to fire the firearm. The issue can be worse if the Operator has to then defend there decision to fire the firearm in court if it is found that the trigger was modified.

For Gunsmiths they can get in trouble for endangering the customer and others if it is found that they didn't inform the customer of the risks the modification may impose to themselves and others before preforming the work and reminding them of the risks after finishing the work.

For gunsmiths to protect themselves from any liability of a trigger modification I would recommend informing the customer of the risks and have them sign a waver stating they where warned of the risks prior to modification. When the job is finished and they pick up the firearm remind them of the posable risks so then you have warned them twice as well as have it on file that they have been informed of the risks and still proceeded with the job.

For my shop I would implement that strategy as it protects not only the business and the employees but it also protects the customer, as they can think about if it is a good idea to modify the triggers with the known risks.

Reference no: EM133835292

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