TYLER -- After his crossbow amputated part of his finger, a Collin County man has filed a lawsuit claiming that the manufacturer of the crossbow is negligent for failing to provide an appropriate guard to protect users' fingers.
Kyle Hamilton filed suit against Bowtech on Feb. 22 in the Tyler Division of the Eastern District of Texas.
The incident occurred on Aug. 25, 2012, while Hamilton and his friends were at a deer camp and were taking turns shooting at a target with a Stryker StrykeZone 380 crossbow. According to the lawsuit, as Hamilton fired the Stryker crossbow, the bow string violently amputated part of his left thumb.
Hamilton argues that Bowtech was aware that it was common for bow users to inadvertently place their thumb or finger in a position it could be struck by the bow strings.
“Defendant also knew that if a user’s finger or thumb were placed above the flight rail or into the path of a moving bowstring, serious injury, including amputation, could be caused to the user’s finger or thumb,” the lawsuit states.
The plaintiff claims that there are alternative safer designs, which provide protection for hands and fingers through the use of guards or larger grips and handles.
The defendant is accused of strict liability and negligence.
The plaintiff is seeking an award of damages for medical expenses, mental anguish, emotional distress, physical pain and suffering, physical disfigurement, physical impairment, lost wages, lost earning capacity, exemplary damages, interest and court costs.
Hamilton is represented by Windle Turley and T. Nguyen of Turley Law Firm in Dallas. A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:13-cv-00193