Michelle Keahey, East Texas Bureau Jul. 21, 2013, 12:34pm
TYLER - After losing part of her thumb when she attempted to shoot a crossbow, a Henderson County woman has filed a lawsuit against the crossbow’s manufacturer claiming that the company was negligent for failing to provide a finger guard.
Kathy Smith filed suit against Barnett Outdoors on July 15 in the Eastern District of Texas, Tyler Division.
In September 2012, Smith states her son bought a Barnett Jackal Crossbow for personal use. On Sept. 28, 2012, the son brought the crossbow to his parent’s house to practice shooting. According to the lawsuit, Smith was using the crossbow as directed and on her first shot, the string of the crossbow severed one-half of Smith’s right thumb.
The defendant is accused of strict products liability, negligence, breach of warranty, violation of the Texas Deceptive Trade Practices Act.
Smith argues that Barnett Outdoors is negligent for designing the crossbow in a manner that a user could place their finger above the rail of the crossbow and without a bar, benchmark or finger guard that would prevent a user’s fingers from moving up and in the way of the string, for negligently marketing and promoting the crossbow as safe to use without a finger guard or finger reminder, for failing to adequately warn consumers of the risks and dangers associated with using the crossbow and failing to test the crossbow.
The plaintiff is seeking an award of damages for medical expenses, impairment, disfigurement, deformity, scarring, pain and suffering and mental anguish, court costs and interest.
Smith is represented by E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of The Tracy Firm in Dallas.
Case No. 6:13-cv-00540