Friday, February 18, 2005

Hunter becomes hunted, sues bullet manufacturer

I found this relatively old news and thought it would be a good follow up to our cookie discussion. Note that this text was taken from the website of the law firm involved in the defense, so it is somewhat defense-oriented.

MINNEAPOLIS – (Jan. 3, 2004) – A lawsuit that made headlines around the world has been dismissed. In 2000, a professional big-game hunter was injured by a lion that was shot in the paw and shoulder. The injured lion attacked the hunter, walked away, lay down and died from its wounds. In 2003, the hunter sued the manufacturer of the bullets that were used.

The hunter claimed that a bullet defect prevented the lion from instantaneously stopping or dying, giving the lion time to attack. LeMire asked a federal court to dismiss the lawsuit for lack of credible evidence. After reviewing the case, the court agreed and dismissed the case.

“A product liability claim must be supported by genuine evidence that the product was defective and that the defect caused the injury,” said attorney Bill LeMire who represented the bullet manufacturer. “In this case, such evidence was clearly absent and the judge reached the only conclusion he could reach in dismissing the entire lawsuit.”

Both parties’ experts testified that a lion would not be effectively stopped from attacking by shots to the paw and shoulder. The manufacturer also provided tests conducted before and after the incident that demonstrated that the bullet was not flawed. The bullet in question has been in circulation without complaint since 1985. Further reason to dismiss the lawsuit included lack of evidence at the scene. No photographs were taken, no one inspected the lion’s wounds, the bullet was lost and the carcass was discarded.

Now this is a frivolous lawsuit.

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