Houston resident pursues legal action after flare gun 'unexpectedly' fires on him

John Suayan, Galveston Bureau Jun. 13, 2013, 2:45pm

HOUSTON - After a flare gun "unexpectedly" fired on his person earlier this year, Houston resident Jamie Miller has filed a lawsuit.

Miller launched the litigation against the weapon's manufacturer, Standard Fusee Corp., in Harris County District Court in April, but the case was removed to the Houston Division of the Southern District of Texas on June 10.

Court documents explain that the plaintiff, 37, was leaving his house to go fishing last Jan. 10 when the Orion flare gun shot "a 12-guage flare into his left front pocket," stating the projectile engulfed his pants and then body.

The plaintiff says he "desperately" tried to put out the fire, but was left with "severe, life-altering" third-degree burns for which he was treated at Christus St. John's Hospital and Memorial Hermann Hospital.

According to the original petition, the purported burns covered more than 9 per cent of Miller's total body and 16 per cent of his lower body.

It further shows that the complainant was forced to undergo several burn-related surgeries that nearly cost him his leg.

He was hospitalized for a total of three weeks, which included six days in the intensive care unit.

The suit says the incident in question prevent Miller from working as a welder.

Meanwhile, the defendant is faulted for failing to install a safety or locking mechanism as well as failing to put adequate hammer and trigger pressure settings.

Additionally, the flare gun contained woefully inadequate warnings about the dangers associated with its foreseeable use, the suit says.

A jury trial is requested.

Attorney Jason A. Gibson of The Gibson Law Firm in Houston is representing Miller.

Case No. 4:13-CV-1687

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