Special Ops Paintball: Exploding Gun - Special Ops Paintball

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Exploding Gun Yea Thats Right

#46 User is offline   XziviT 

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Posted 21 May 2008 - 03:36 PM

I just recieved an e-mail from a guy called John Pham, he is from RAP4 i dont know if he is the owner or just works there but he said that people with this product that are not in the US cant get the return label and can not send their damaged products to them. But he said he will make arrangements to send me the new product with no cost.
So if u have this product and u are not in the U.S. just ask RAP4 if they can send u the new thing.

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#47 User is offline   Warpaint 

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Posted 21 May 2008 - 03:48 PM

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If I read it correctly, this event took place on Sunday the 18th.. RAP4 issued the warning and recall on May 15th. If he tried to persue legal action, it woudldn't go anywhere, due to the nature of continued use of the product after it has been deemed unsafe and a recall has been issued. Then, its your own fault for doing so.



Issuing a recall for a defective product does not absolve a manufacturer of responsibility for damages to persons or property experienced while using said product. It may limit liability, but not responsibility. The manufacturer would also have to prove they made a reasonable and conscientious effort to communicate the defect recall to all potential owners of the defective product. Posting a product recall message on their business website does not constitute a reasonable or conscientious effort. A more reasonable and conscientious approach would be to mail a letter to all of the customers in their shipping database, and issuing a public recall statement to the press and/or other media they use to promote or advertise their products.

I have purchased RAP4 products (including this stock for my T68 Sniper Pistol mod...I don't use the stock gas attachments, but since the price was the same for a stock with the attachments as without, I purchased the stock with the attachments), but I do not visit their website or even this forum where I heard about this recall on a daily basis. The message I read here was not even in fact posted here by RAP4, but a thoughtful fellow forum member whom had visited their site. It is not my responsibilty to be aware of recall notifications, but the manufacturers. To date, I have received no letter, and I am aware of no mass media attempt on RAP4's part to communicate this defect to me.

If the original poster was injured after the recall was posted by RAP4 but before a reasonable and conscientious attempt was made to inform him, RAP4 is still both liable and responsible for his injuries caused by their defective product.

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Well, today I received a letter from RAP4 postmarked May 17th, 2008. It states that in a combined effort with the U.S. Consumer Product Safety Commission, RAP4 has made a voluntary recall of flawed Flexi-Air systems. It gives directions to call or register on their website for a replacement. They will send a pickup slip at no charge to the customer, and upon receipt of the flawed unit, issue the replacement at no charge for the replacement or shipping. The letter was also sent to RAP4 dealers with instructions to forward the letter to their customers.

This post has been edited by Warpaint: 22 May 2008 - 04:18 PM

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#48 User is offline   Bobbjoe 

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Posted 21 May 2008 - 07:15 PM

Is it safe to say that the other party didn't want to buy the gun? :laugh:

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#49 User is offline   withoutwarning 

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Posted 21 May 2008 - 09:53 PM

It is safe to say that the other party did not want to buy thegun after the incident and thank God if he had been injured with the gun it could have been a personal law suit against my friend and maybe even myself. And it could have been worse i was also wrong about which weekend it was for the person who said i didnt read the recall notice the exact date was may 11th at about 430 in the afternoon.
Also ronin and knightwolf made the point that i could go to a lawsuit for alot of cash. First off im not so sure i would get thousands of dollars because of some of the safety aspects we didnt think to observe. second i live in canada so by the time i hired a lawyer got him ti write a letter to announce the lawsuit fly myself and a lawyer to wherever i need to go to sue them and get all that mumbo jumbo out of the way it doesnt equate to much. But it would be sweet if i could get you know thousands of dollars from them but that is not the way it goes. Also im not really the type of guy to sue everyone at every chance i get (not saying that this isnt a fairly important matter) but if i were to screw up and you know sell some kid a defective gun by accident i really wouldnt want that to turn around and bite me in the butt think of it as preventitive Karma. RAP4 has also been fairly good about all this and extremly apoligetic which goes along way with me. They screwed up no doubt and they are paying for it not only to me but to all the hundreds of people who have read this and the hundreds more that will hear about this and above all who will never buy their guns. thats a pretty hefty punishment is it not. Any ways im by no means sticking up for RAP4 they deffinitly screwed up and it could have been alot worse. Im just thankful it wasnt worse for me or possibly someone else. They screwed up that is for sure. i am merely explaining why i wont pursue much more legal action agaisnt them besides this settlement. But everyone please take warning do not let a dangerous product go uncorrected especially if a injury hasd occured. Contact the manufacturer or your dealer and get it changed get it fixed and make sure no one else gets hurt. Our sport is based on safety and thats what we all try to pursue a safe fun game so do your part and keep it that way. Thanks again to everyone who responded to this and sent their wishes.
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#50 User is offline   thebostinian 

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Posted 22 May 2008 - 12:53 PM

this is something you SHOULD sue for, though. there's plenty of lawsuits that shouldn't be pursued, but this appears to be one that is. RAP4, IMO, shouldn't be making paintball products period - the majority of their products are, to say the least, low-quality goods.

also, ProX - regardless of whether RAP4 made the defective product, or if they outsourced it...it's still RAP4's fault. they sold the product, it's on their shoulders.

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#51 User is offline   Ronin055 

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Posted 22 May 2008 - 01:04 PM

Please Re-read my earlier post.

Im not suggesting you sue for Gain. Im suggesting you sue for damages. What if you had been holding that next to your face when it went off.

The neglegence here goes far beyond what did happen.

You sue to make a point.

And your darn right RAP4 is being apologetic. they dont want to be held accountable. They want it to all go away.

The money you may or may not gain is irrevelant (sp) .

And you wont have to fly/travel anywhere. And Im not saying you have a case. You call a lawyer and ask him. If its not worth pursueing, he will tell you.

Additionally the lawyer will probably work for a percentage of what every you guys win. And if you dont win. THen he dont get paid. So its no loss to you either way really.

But you need to address this with counsel.

This happened in your home. If someone else had been hurt, like the prespective buyer, YOUR parents would have been held accountable. So their (RAP4) neglegence endangered your families lifestyle.
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#52 User is offline   Rabid 

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Posted 22 May 2008 - 02:20 PM

and thats why they recalled that peice (that exploded)
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#53 User is offline   Warpaint 

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Posted 22 May 2008 - 04:54 PM

Quote

...Im not suggesting you sue for Gain. Im suggesting you sue for damages. What if you had been holding that next to your face when it went off.

You sue to make a point.

The money you may or may not gain is irrevelant...



Technically speaking, you can't sue for "gain"...you sue to recover your losses, future losses, or indemnification. While someone may collect millions in a lawsuit, the award is intended to recover medical costs, past or future rehabilitation or therapy, past or future lost wages, pain and suffering (if it can be quantified), mental anquish, etc. Unless you're loaded, don't sue to make a point either.

To win a lawsuit for damages, you have to prove damage or injury resulting in some loss or expense, responsibility, and liability.
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#54 User is offline   Ronin055 

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Posted 22 May 2008 - 10:57 PM

Yes that may be true. However people sue with the intent of getting rich all the time. I just want to be clear that that isnt what Im suggesting that the young man attempt.
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#55 User is offline   SabreUK 

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Posted 23 May 2008 - 05:38 AM

Yeah let RAP4 know that their bombs, I mean stock are a bit dangerous. :P I would be pretty damn PERTURBED if that was me. You're lucky you didn't get your eyes hurt. Did the guy buy it in the end? :rolleyes:



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#56 User is offline   Warpaint 

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Posted 23 May 2008 - 06:23 AM

View PostRonin055, on May 23 2008, 01:57 AM, said:

Yes that may be true. However people sue with the intent of getting rich all the time. I just want to be clear that that isnt what Im suggesting that the young man attempt.



Understood. That's why I said "Technically" speaking. But as you state we must also accept the reality that some people do view lawsuits, especially those of the frivilous variety, as get rich quick schemes.
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#57 User is offline   Ronin055 

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Posted 23 May 2008 - 08:14 AM

Agreed.

But in this case, this young mans entire imediate family was put at risk by the actions of a company. By at risk I mean either literaly, or financially.

I dont know about Canada, but here in the US, if that "interested party"'s had been hurt, then his parents could have gone after the Kid who lived there's parents. They could lose their home, have their wages attached, and so much more. I mean it scares me to even think about it.

And all because some one went with the absolute lowest bidder. So low that quality was questionable and yet wasnt questioned between Sept 06 and Now ? Wow.

I dont know, thats really all I have to say on this I guess. It just drives me nuts to think about what could have happened.
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#58 User is offline   Warpaint 

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Posted 23 May 2008 - 08:33 AM

View PostRonin055, on May 23 2008, 11:14 AM, said:

Agreed.

But in this case, this young mans entire imediate family was put at risk by the actions of a company. By at risk I mean either literaly, or financially.

I dont know about Canada, but here in the US, if that "interested party"'s had been hurt, then his parents could have gone after the Kid who lived there's parents. They could lose their home, have their wages attached, and so much more. I mean it scares me to even think about it.

And all because some one went with the absolute lowest bidder. So low that quality was questionable and yet wasnt questioned between Sept 06 and Now ? Wow.

I dont know, thats really all I have to say on this I guess. It just drives me nuts to think about what could have happened.


Yup. "What if?", is always a frightening proposition, isn't it?
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#59 User is offline   Explosive 

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Posted 23 May 2008 - 08:42 AM

You are just fortunate you didn't loose an eye or your eye site!


I bet the whole incident was pretty exciting and scary!


WOW is all I can really say!


:(
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#60 User is offline   ProX 

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Posted 23 May 2008 - 04:42 PM

View Postthebostinian, on May 22 2008, 02:53 PM, said:

also, ProX - regardless of whether RAP4 made the defective product, or if they outsourced it...it's still RAP4's fault. they sold the product, it's on their shoulders.

True, but some people were making it out like Rap4 intentionally made it too weak or cut corners, or didn't do enough testing. That, we don't know. All I was suggesting was that they may have designed a good product - only to have a problem with the outsourcer. This of course does not absolve them of all liability. This is why I was saying to reserve judgment until after the root cause was determined.

This post has been edited by ProX: 23 May 2008 - 04:44 PM

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