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Old November 2, 2013, 12:05 PM   #1
B. Lahey
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Location: Indiana
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Squib (silver bear 9x18 94gr HP lot #A56 2000-03)

Had a squib today while out shooting my makarov. Noticed an odd report, the action did not fully cycle, and an unusual amount of smoke was wafting from the pistol. Good thing I broke out my flashlight and checked the bore before firing again. Took it to my gunsmith for him to hammer out the projectile, didn't feel like messing with it.

Just a heads up on this lot, I'll contact Barnaul and update this thread if they have anything to say.
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Old November 4, 2013, 11:33 AM   #2
B. Lahey
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Update

I have been in contact with DKG Trading, the US importer of the various Bear ammunitions. They have been friendly and quick in communicating with me, we'll see where this goes. It would be nice if they, or Barnaul, paid my gunsmith tab.
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Old November 4, 2013, 11:52 AM   #3
Claude Clay
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it would surprise me if they did reimburse you for the gunsmith's service.

suppose you have tire insurance from the dealer who sold you the tires. you have a flat that is covered by the guarantee; you change the tire, bring it to them and they replace and remount it free.
but suppose you paid a service truck to change the tire...
would you expect the dealer to cover that cost as well?

if the rim was damaged ( or your barrel) would the guarantee cover that cost also? have to read the fine print but, usually it does.

--I carry brass rods in my range bag just for this occurrence.
I shoot 15k+ rounds a year and experience 1 every year or so; mostly factory.
members at the range have been happy when I could help also.
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Old November 4, 2013, 03:01 PM   #4
B. Lahey
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Quote:
suppose you have tire insurance from the dealer who sold you the tires. you have a flat that is covered by the guarantee; you change the tire, bring it to them and they replace and remount it free.
but suppose you paid a service truck to change the tire...
would you expect the dealer to cover that cost as well?
I'm unsure how your story relates to this situation. Are you saying I should have sent the pistol to the ammunition distributor, or the ammunition manufacturer, to be fixed?

It is my argument that the goods in question failed with regard to the implied warranty of merchantability, among other law, and perhaps the Magnuson-Moss Warranty Act, as I certainly purchased no ammunition insurance policy, if such a thing even exists.

Quote:
excerpt from IC 26-1-2.1-212
Implied warranty of merchantability

(2) Goods to be merchantable must be at least such as:
...
(b) in the case of fungible goods, are of fair average quality within the description;
(c) are fit for the ordinary purposes for which goods of that type are used;
(d) ... of even kind, quality, and quantity within each unit and among all units involved;

I do not think that ammunition that fails to leave the barrel, subjecting the user to a high risk of injury were it not noticed, qualifies as goods of fair average quality fit for the ordinary purposes for which goods of that type are used. I additionally think that the presence of a squib round in a box of ammunition disqualifies it from being considered of even kind and quality within each unit, and among all units.

I don't know if they will pay my gunsmithing bill, but I plan to pursue it for kicks if they don't. The products liability cases I have been involved with so far have been much less entertaining.
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