.40 Shield Kaboom

[Rastoff]

I pulled the spent case from the round out the box, it appears to be normal, aside from a dings and dents that don't appear to be normal, the base seems to be normal.

You found the casing and it was OK? Yet, the chamber is intact? Curiouser and curiouser. Are you sure that was the casing from the round that was fired or are you talking about another unfired round?

Have S&W send out a tech to inspect the gun in your presence.

Do you honestly believe they would do that?

 

[Decipher]

Dang, Lieu. I'm glad you're okay. That's the most important thing. This easily could have been a career-ending injury or worse. As everyone else stated, contact an attorney. Don't do anything else until then. I know we, as Americans, are sue crazy but this is a warranted event if I've ever seen one. It's made worse if S&W knows of an issue and fails to address it. Good luck, get better, and stay safe out there.

Sent from my HTC One using Tapatalk

 

[desaljs]

You are doing the right thing by taking your time. If you read all the pages of the "Shield 40 Mishap" thread, by sending the gun and ammo to Smith, you lose control of the situation. Take your time and think through things. Hope your injuries heal.

 

[AR-Getsome]

That was an out-of-battery issue, was this?

You didn't show pictures of the chamber. Did the chamber come apart or did the round fire out of battery?

I also agree with at least talking to a lawyer before sending it to either company.

Who knows? What's your point? I was linking the op with a similar thread of an M&P 40 going kaboom.

 

[Doug M.]

I have heard of serious QC issues with WWB in the last couple years.

 

[LieutenantFF]

When you say "box", do you mean a certain part of the gun?

No, the factory test round from the cardboard box the firearm came in, I pulled it from the sealed envelope of the box, it appears to be normal.

Also, the only brass left from the round that fired out of the gun was the bits that were embedded into my skin. IF there were any left, that went in the area that I was standing in, I was unable to visibly seem them, as we were standing on leaf and pine litter.

also also, I made phone contact with 3 personal injury lawyers in my area this afternoon, 2 of which are also product liability lawyers, all 3 said that I have a case, however they are "unwilling to accept the case due to such high costs..." I was referred to a lawyer 3 hours from my house that said he does this type of thing and he was one of the 3 that declined.

 

[b_san]

also also, I made phone contact with 3 personal injury lawyers in my area this afternoon, 2 of which are also product liability lawyers, all 3 said that I have a case, however they are "unwilling to accept the case due to such high costs..." I was referred to a lawyer 3 hours from my house that said he does this type of thing and he was one of the 3 that declined.

Unfortunately that's going to be the realistic response from most attorneys. Unless you have catastrophic injuries the costs of pursuing a case against a large corporation are prohibitive and even if you won the minimal amount of damages you would expect to receive for minor injuries outweigh the risks of the costs of the testing and expert testimony that would be involved. Your best bet is to get S&W or Winchester to replace it, depending on which was at fault.

Most people that say get a lawyer for stuff like this have never actually got a lawyer and sued for damages. It's a long expensive process with no guarantees of a happy ending.

 

[Rastoff]

Who knows? What's your point? I was linking the op with a similar thread of an M&P 40 going kaboom.

At the time I posted the question, we didn't know if the chamber/barrel had been destroyed or not. A gun firing out of battery is a completely different situation than one where the chamber fails.

At this time, it seems that both of these are out of battery situations. That is something that should concern S&W greatly. The gun should be incapable of firing when out of battery.

...all 3 said that I have a case, however they are "unwilling to accept the case due to such high costs..."

I'm not surprised. The payout on a case like this would be tiny in comparison with the cost of bringing the suit. The only way this could work is if you could bring a class action suit. The problem with that is the pool of complainants is too small.

This whole situation concerns me. One case of a gun firing out of battery is an anomaly. Two such cases should be raising eyebrows at S&W.

If I were you, at this point, I'd take high quality photos of the gun and then send it in to S&W. If you have to, find a friend who's a photo buff to take the pics. The pics are reasonable evidence if you don't get the gun back.

You could take them to small claims court. Of course all this is premature. You don't even know that S&W won't replace the gun. Also, you have to decide what you want. Is a new gun enough? Do you want a refund? Damages? Hospital bills?

 

[trophyhunter]

I'd take the remaining rounds that were in the magazine, and video a process of pulling three of the six remaining rounds and weigh each of the powder charges on a proper grain scale for loading use.

Might be something to be found in the cards there, aside from a suspect chamber in the gun.

 

[modraker]

No, the factory test round from the cardboard box the firearm came in, I pulled it from the sealed envelope of the box, it appears to be normal.

Also, the only brass left from the round that fired out of the gun was the bits that were embedded into my skin. IF there were any left, that went in the area that I was standing in, I was unable to visibly seem them, as we were standing on leaf and pine litter.

My bad, I misunderstood what you said about the case from the test round. Yes of course it was normal or the gun would not have made it out of the factory.

Since the kaboom case was blown to smithereens and the barrel's chamber is intact, it appears as if the gun fired when it was out of battery. If so, this is a serious design flaw that S&W must immediately rectify.

Edit: A curious thought just went through my mind. What if a double charged round fired out of battery? What are the odds of that happening? A billion to one, I guess.

 

[Rastoff]

I'd take the remaining rounds that were in the magazine, and video a process of pulling three of the six remaining rounds and weigh each of the powder charges on a proper grain scale for loading use.

This would be a good idea if the chamber had been damaged or destroyed. It would show a potentially overloaded round in that lot.

In this case however, the chamber is intact. In my opinion, this can only be the fault of the gun.

 

[S&WForty]

Since... it appears as if the gun fired when it was out of battery. If so, this is a serious design flaw that S&W must immediately rectify.

Would it be a good idea for Shield owners to load the chamber with a snap cap, cock it, and manually push the slide O.O.B. to a few different lengths to see if the trigger will release the striker? Is that a valid test?

 

[Fchewy]

This is wonderful, I have been gaining more confidence with my shield and now i read this and some say it is a design flaw, i am glad the OP is OK. I was hoping to start using my shield for carry but now wonder if i should even shoot it! probably have to stay with my Glock 26 until this gets sorted.

 

[litauer]

S&W most likely will replace the pistol and reimburse you for medical bills. You can also file against W-W and S&W in small claims court and hope they fail to answer your complaint. That three attorneys showed no interest is telling; they would have been enthusiastic had you lost a good portion of your shooting hand or an eye. Maddening, yes, but it's good to know you didn't take serious injuries.

 

[shawn mccarver]

I am glad your injuries were not severe. I hope that you keep us posted on the ultimate resolution.

 

[Sqhertz]

Wow. Glad you're OK.

Has anyone seen/read/heard of similar issues with the 9mm shield? Or is this only a 40 thing?

 

[Rastoff]

S&W most likely will replace the pistol and reimburse you for medical bills.

Replace the gun? Maybe. Reimburse for medical? Unlikely.

 

[Rastoff]

Wow. Glad you're OK.

Has anyone seen/read/heard of similar issues with the 9mm shield? Or is this only a 40 thing?

I have not heard of a 9mm doing this. Nor have I heard of it in any of the full size or compact guns.

 

[feelinlucky]

I'm glad that the OP's injuries are not serious.

According to the OP, the bullet made it to the target.
The gun launched that bullet to a decent velocity and cycled the slide. It could have been partially out of battery, but it could just as well have been an in-battery case rupture from excessive chamber pressure, like maybe from a double charged round.

Lets not start a lynch mob for Smith and Wesson just yet.

 

[Rastoff]

...been an in-battery case rupture from excessive chamber pressure, like maybe from a double charged round.

If it fired in battery, and the chamber was not damaged, then nothing would have happened to the user or gun.