The Houston-based legal firm that sued Remington, alleging some of the company’s bolt-action rifles contained defectively-designed trigger mechanisms that could result in accidental discharges without a trigger pull, released a statement last week saying the court had granted preliminary approval to a proposed settlement agreement. The firearm models involved are the Remington Model 700, Seven, Sportsman 78, 673, 710, 715, 770, 600, 660, XP-100, 721, 722 and 725 rifles.
Final approval of the settlement is scheduled for mid-December 2015.
From the Lanier Law Firm in Houston:
A federal district court in Kansas City, Missouri, granted preliminary approval to a proposed settlement agreement between plaintiffs and Remington Arms Company, LLC that would resolve two economic class-action lawsuits. Following notice and other procedures, the Court will rule whether the proposed settlement has the Court’s final approval after a hearing scheduled for December 14, 2015.
The underlying lawsuits alleged that certain Remington bolt-action rifles contained defectively designed trigger mechanisms and could result in accidental discharges without a trigger pull and sought economic losses for the alleged diminished value of the rifles, along with other equitable relief. The suits did not seek damages for personal injuries or property damage, and the settlement does not resolve or affect any such claims. Remington believes that the trigger mechanisms are safe and has vigorously defended both lawsuits. However, to avoid the uncertainties and expense of protracted litigation, and to ensure continued satisfaction for its valuable customers, Remington has agreed to settle and to offer to retrofit certain firearms.
The proposed class-action settlement would include owners of certain Remington bolt-action centerfire firearms that contain either a Walker trigger mechanism, or a trigger mechanism that utilizes a “trigger connector.” The firearm models involved are the Remington Model 700, Seven, Sportsman 78, 673, 710, 715, 770, 600, 660, XP-100, 721, 722 and 725 rifles.
In the proposed settlement, Remington would offer owners of certain of these firearms the opportunity to have the trigger mechanism retrofitted with a new, connectorless trigger mechanism at no cost to the owner. The rifles will also be inspected and tested after the retrofit. Remington will pay the costs of retrofitting, inspecting, testing, and shipping the rifles.
For certain older rifles not readily capable of being retrofitted, Remington has offered to provide vouchers redeemable for Remington products. In addition, class members who have already replaced their rifles’ original trigger mechanisms with connectorless Remington trigger mechanisms would be eligible to receive a refund for the cost of the prior Remington replacement.
Finally, all valid claimants will be provided with a DVD regarding safe firearms-handling practices.
Neither the retrofit nor any other benefit addressed above will be available until after final court approval of the settlement.
The settlement agreement also includes those Model 700 and Seven rifles that are subject to a voluntary X-Mark Pro recall instituted by Remington on April 11, 2014. The assembly process for those firearms with X-Mark Pro trigger mechanisms manufactured from May 1, 2006, to April 9, 2014, created the potential for the application of an excess amount of bonding agent, which could cause the rifles to discharge without a trigger pull under certain limited conditions. Owners of these rifles still have the option to have their rifles retrofitted with a new X-Mark Pro trigger mechanism manufactured under a new assembly process at no cost to them. These benefits are currently available to qualifying owners.
The parties do not intend to comment further until the Court issues a final ruling.
See our previous coverage of Remington trigger recalls here.
See our coverage of NBC News’ treatment of the suit here.
See Remington’s response to the NBC story here.
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