Page 1 of 7 123 ... LastLast
Results 1 to 20 of 123

Thread: Embrace The Truth - Catastrophic Gun Failure

  1. #1

    Default Embrace The Truth - Catastrophic Gun Failure

    Thompson / Center Arms Found at Fault in Catastrophic Gun Failure


    On September 1, 2005, I was severely injured by a catastrophic gun failure. My face was permanently disfigured and sight in my right eye was lost forever. I was shooting with the Thompson/Center Encore Rifle. It blew apart because of a defect in its design. That horrendous day propelled me down a path I never planned on or wanted in my life. Iím not speaking out for personal gain or to be vindictive toward Smith & Wesson or Thompson/Center Arms (Thompson/Center Arms has apparently been sold to Smith & Wesson). I merely want the truth about this rifle to be known. I donít want anyone to go through the pain and suffering Iíve endured. In my opinion, this rifle defect is something that was known about and has been covered up for years.

    After almost 10 years of battling over the Encore, I received the final judgment order from the 46th Circuit Court for the County of Otsego, Michigan. I sued Thompson Center Arms (TCA), and the jury found TCA at fault. The jury found TCA to have a defect in its design and found their manual to be defective.

    Throughout this entire process, from the day that my rifle had failed, until being given the green light to speak freely about this rifle, I have felt as though Iím involved in a David and Goliath scenario. In the end, no matter how much money they threw at this problem, with their team of lawyers and paid experts, the truth could not be veiled from the jury. At many points over the nearly 10 years since my injury, I have experienced hopelessness about the outcome of the case. One of these moments occurred during the trial. My attorney had in his possession letters, obtained from Thompson/Center through discovery, from other individuals who had incurred similar injuries from the same type of failure. Although the letters were discussed in open court, they were not allowed to be shown to the jury as evidence, based on a technicality concerning Thompson / Centerís claims as to when they had actually received the letters in relation to the date of my injury. A representative of the company did admit that he saw failures of this kind during testing. He also admitted that TCA destroys customer complaints every six months.

    Because of the pending suit, I have not been able to share these details until recently. I cannot adequately express what a tremendous relief it is to be able to finally share the truth about the dangers of this rifle.

    Most gun owners I know - including myself - thought suing a gun company was practically blasphemy. My suit was never about anything more than seeking truth. I believe wholeheartedly in the Constitution and stand for our Second Amendment rights. I love freedom. I was an NRA member when my injury occurred and Iím an NRA member now.

    This is the first lawsuit brought against TCA regarding this rifle that has been successfully litigated. In my opinion, TCA is fighting me so hard because the Encore Rifle has been wildly popular. A recall would cost potentially a lot of money. Still, I am now finally allowed to spread the truth about this gun. Please notify anyone you know who owns this rifle that it could catastrophically fail!

    The judgment is attached. I have blacked out the award amounts because the money is not important in this regard. No amount of money can compensate me for the loss of my sight and the years spent in recovery. Additionally, I truly believe this company will continue to fight this judgment, and as a result I will never see any monetary compensation. The court documents are now a matter of public record, and if you wish to seek out more details they can be obtained.

    Thank you for your time, and if you would like any additional information please let me know.

    Sincerely,

    Brian Ward

  2. #2
    Member
    Join Date
    Sep 2010
    Location
    5 Minutes from Bings Landing
    Posts
    426

    Default

    Brian, I don't see an attachment but am interested to hear more.

  3. #3
    Member hodgeman's Avatar
    Join Date
    Jul 2008
    Location
    Delta Junction AK
    Posts
    4,055

    Default

    The details of your lawsuit aside...

    Could you share some of your information about the defect in the design and how it failed? Any way to mitigate the failure? I'm certain there are a large number of Encore owners here who would like that information- particularly since your posting. Forum rules prohibit negatively portraying individuals and companies- but a technical discussion is permissible.
    "I do not deal in hypotheticals. The world, as it is, is vexing enough..." Col. Stonehill, True Grit

  4. #4
    Sponsor ADfields's Avatar
    Join Date
    Nov 2008
    Location
    Missing Palmer AK in Phonix AZ.
    Posts
    6,416

    Default

    The facts man, we need the particulars.

    I diligently read all seven paragraphs and have no idea what happened other than there may have been a civil jury trial. I'm not even sure if Bernie1 is Brian Ward or if he copied and pasted it from someplace, the lack of an attachment makes me think its copied.

    An hour of research only turned up the exact same text in a handful of other forums where there are no details and admin closed the threads down. And a couple references to discovery filings in 2006 so it was a real case, can't find any judgment or even where a court date was set. Without some references and facts, or at least a detailed first hand account of the issue I for one would call the post as it stands now slanderous.
    Andy
    On the web= C-lazy-F.co
    Email= Andy@C-lazy-F.co
    Call/Text 602-315-2406
    Phoenix Arizona

  5. #5

    Default

    Yup, with no more info, that could have come from Hilary's office with Brian Wards's name attached.

    If it's true then we need details because I know guys that have shot tens of thousands of hot rounds through Encores without a hick-up!

  6. #6
    Member
    Join Date
    Nov 2014
    Location
    New York
    Posts
    13

    Default

    The guy probably shot himself accidentally while cleaning his rifle and is trying to blame the manufacturer.. Just my opinion as there are no details to this story. If details are indeed posted a I will stand corrected.


    Sent from my iPhone using Tapatalk

  7. #7
    Member
    Join Date
    Jan 2015
    Location
    Southcentral Alaska
    Posts
    567

    Default

    Quote Originally Posted by ontherise View Post
    The guy probably shot himself accidentally while cleaning his rifle and is trying to blame the manufacturer.. Just my opinion as there are no details to this story. If details are indeed posted a I will stand corrected.


    Sent from my iPhone using Tapatalk
    Brian has been posting on here for almost ten years and has made repeated references to this incident. Details have always been vague, but it sounds like his composite stock cracked when he fired a round and splinters from the stock probably ended up in his eye. He first posted about it on this site in 2006.

  8. #8

    Default

    Sorry for the delay!

    See the PDF
    Attached Files Attached Files

  9. #9

    Default

    Quote Originally Posted by hodgeman View Post
    The details of your lawsuit aside...

    Could you share some of your information about the defect in the design and how it failed? Any way to mitigate the failure? I'm certain there are a large number of Encore owners here who would like that information- particularly since your posting. Forum rules prohibit negatively portraying individuals and companies- but a technical discussion is permissible.
    To summarize and very very briefly in my opinion the big take away from my case was the TCA Encore can not keep tolerances and head space grows overtime, especially with larger calibers like I was shooting (300 win mag).
    In my trial we had 3 guns with excessive head space.
    My gun was out of spec.
    A gun with 5 shots was out of spec.
    A gun with no shots was out of spec.

  10. #10
    Member
    Join Date
    Jul 2007
    Location
    Between two lakes in Alaska
    Posts
    952

    Default

    Thank you for the posting.

  11. #11
    Member hodgeman's Avatar
    Join Date
    Jul 2008
    Location
    Delta Junction AK
    Posts
    4,055

    Default

    Quote Originally Posted by Bernie1 View Post
    To summarize and very very briefly in my opinion the big take away from my case was the TCA Encore can not keep tolerances and head space grows overtime, especially with larger calibers like I was shooting (300 win mag).
    In my trial we had 3 guns with excessive head space.
    My gun was out of spec.
    A gun with 5 shots was out of spec.
    A gun with no shots was out of spec.
    Thanks for the explanation... Looking at the design of the Encore, I can see how headspace issues could be bad and how easily they could occur in a break action rifle at high pressure.
    "I do not deal in hypotheticals. The world, as it is, is vexing enough..." Col. Stonehill, True Grit

  12. #12

    Default

    Can you explain exactly what happened ? I assume your gun blew up, but a few details would help. Also was you shooting factory ammo or reloads?






    /

  13. #13
    Member
    Join Date
    Sep 2014
    Location
    Alaska
    Posts
    352

    Default

    So sorry about this. Dealing with the courts is never fun, aside from the physical trauma.

    How was excessive headspace determined? It's been my experience that a no-go gauge isn't reliable. The guys that are really into them use other methods. Here's one representative explanation:

    http://mgmcustombarrels.com/MGM-Barr...efba7c25f44469

    I have a couple of barrels and one frame. I use the method above. I don't have any magnums, I can't imagine how unpleasant one would be recoil-wise as lightweight as they are in anything above .243, but I am a wimp.

  14. #14

    Default

    Quote Originally Posted by Cast Iron View Post
    Can you explain exactly what happened ? I assume your gun blew up, but a few details would help. Also was you shooting factory ammo or reloads?






    /

    Both factory ammo or reloads....last shot was with a reload.

  15. #15

    Default

    Quote Originally Posted by gbflyer View Post
    So sorry about this. Dealing with the courts is never fun, aside from the physical trauma.

    How was excessive headspace determined? It's been my experience that a no-go gauge isn't reliable. The guys that are really into them use other methods. Here's one representative explanation:

    http://mgmcustombarrels.com/MGM-Barr...efba7c25f44469

    I have a couple of barrels and one frame. I use the method above. I don't have any magnums, I can't imagine how unpleasant one would be recoil-wise as lightweight as they are in anything above .243, but I am a wimp.
    I would have gunsmith check....

  16. #16

    Default

    I will not be posting for a few days. Iím going away with my wife and kids for Memorial Day weekend. I should be back in front of my computer Wednesday.

    Thanks,
    Brian Ward

  17. #17
    Member
    Join Date
    Jan 2007
    Location
    Southwest Alaska
    Posts
    2,145

    Default

    Thread needs to be deleted. If OP wants to let people know about this, then he can have people PM him. He is negatively posting about a manufacturer. Period.
    Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence. Albert Einstein

    Better living through chemistry (I'm a chemist)

    You can piddle with the puppies, or run with the wolves...

  18. #18

    Default

    Quote Originally Posted by Nitroman View Post
    Thread needs to be deleted. If OP wants to let people know about this, then he can have people PM him. He is negatively posting about a manufacturer. Period.
    No he is posting about a safety issue that has been proven in a court of law in order to protect other people from getting injured like him.

  19. #19
    Member
    Join Date
    Aug 2007
    Location
    Eureka MT
    Posts
    3,048

    Default

    I'm still wondering what actually happened with the gun and why. The court apparently decided the TCA was 60% at fault and the OP was 40% at fault. There are a pile of these guns being used without problems. What exactly is the defect in design and what broke on the gun and why? What is the 40% fault of the OP that is mentioned? The fact that you beat TCA in a law suit 60/40 doesn't tell me much about why I should be wary of the TCA Encore. It would help to know what your 40% fault was as well as what the actual defect in the gun is. I have a TC Contender that is not nearly as strong as the Encore but is similar design. I am very interested in keeping myself intact so details on why the gun blew would be very helpful as well as what I should not do in order to help prevent getting hurt.

  20. #20
    Member
    Join Date
    Oct 2010
    Location
    Sandpoint, ID
    Posts
    1,969

    Default

    I have 3 Encores and a Contender with a gaggle of barrels. There are reports of Contender frames streaching from too much pressure on the frame and it looks like most of these are on the early frames and not the newer G2 frame. Since TC produced another, apparently stronger frame, they must have know there was some issue with the contender frame.

    Never heard of any problems with the Encore until now....very interesting.

    I have fired thousands of rounds thru the Encore and Contender with no ill effect but then I've always loaded in the 90% load range and NOT hot loads which is my usual practice. I do trust my guns with those loads.

    I also have about 6 NEF's that I believe are stronger frames (SB2) and I have done AI chambers in them with some pretty hot loads with no problems.

    Details please!!!!!!!!!!!!!
    Somewhere along the way I have lost the ability to act politically correct. If you should find it, please feel free to keep it.

Page 1 of 7 123 ... LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •