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FATAL FLAW - Need Advice

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Old May 16, 2020 | 10:06 AM
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FATAL FLAW - Need Advice

Greetings Ford Truck Enthusiasts!

I recently purchased a portable handgun safe by a reputable company (I won't mention them because we are still in talks) about 2-3 months ago due to the COVID19 stay at home sheltering. I have not been at home since the shelter in place because I work every single day and my business has not been ordered to shut down but rather offer curbside. The safe has three ways to access it via biometric, pin pad, and key & lock. Long story short, the safe has been home with two loaded firearms and the safe miraculously pops open when my phone fell hard on my desk. Since then, I have been able to RECORD and replicate the flaw by simply tapping a certain area on my desk. So why am I here? I F%cking freaked out because I have two sons that could have been killed! What would you do with the company involved with selling a product that could have killed a family member? Can I seek compensation for putting my family in grave danger? What would you do?

 
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Old May 16, 2020 | 01:01 PM
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Originally Posted by Jack Kim
Greetings Ford Truck Enthusiasts!

I recently purchased a portable handgun safe by a reputable company (I won't mention them because we are still in talks) about 2-3 months ago due to the COVID19 stay at home sheltering. I have not been at home since the shelter in place because I work every single day and my business has not been ordered to shut down but rather offer curbside. The safe has three ways to access it via biometric, pin pad, and key & lock. Long story short, the safe has been home with two loaded firearms and the safe miraculously pops open when my phone fell hard on my desk. Since then, I have been able to RECORD and replicate the flaw by simply tapping a certain area on my desk. So why am I here? I F%cking freaked out because I have two sons that could have been killed! What would you do with the company involved with selling a product that could have killed a family member? Can I seek compensation for putting my family in grave danger? What would you do?
First, teach firearm safety to your children or remove the firearms from the house.

Second, firearms don't fire by themselves, someone needs to pull the trigger.

Third, I am not a lawyer, but I think your chances of being awarded "compensation" for emotional scaring are slim to none.

Fourth, in my opinion this is a bogus post and a bit of an attempt to insight an arguement.

Fifth, show us the "recording"... It doesn't matter who the "reputable company" is if you are making factual statements, which in my opinion your are not...

Sixth, this is a strange first post for someone to have on a Ford enthusiasts forum, even if it is in GNAC.

Seventh, if this is an actual event that happened, recorded and you are being truthful, I offer my sincerest apology and recommend you purchase another safe and still teach firearm safety.
 
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Old May 16, 2020 | 01:33 PM
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Thanks for the reply Sous.

The claim isn't bogus nor was it posted to insight an argument. I just wanted to see what a fellow Ford Owner and yes I have a 2019 F250 Ultimate Lariat and LOVE IT! I have been a long time lurker here as well! The reason I haven't posted the video is that I'm still considering Legal Action. But based on your "emotional scarring" opinion, you might be right.

I will certainly purchase another safe but what would you do with the company that sold you the liability? My kids are 5 and 3 and they would have been harmed. I consider myself really lucky but I feel the company should pay or publicly issue a recall for the faulty product. When they saw my first video, they claimed I didn't shut the safe properly. That claim was quickly dismissed when I sent them a follow-up video and then they rushed to their warehouse and got their whole team to audit all existing safes.

What do you recommend I do with this safe besides the obvious. Be in my shoes for a sec, and think about how your child could have been killed. What would you do as a concerned parent in regard to the negligent company? Not trying to argue. I just want an honest opinion.
 
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Old May 16, 2020 | 01:45 PM
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If you want a safe safe, buy one with a mechanical lock. Sargent & Greenleaf.
 
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Old May 16, 2020 | 03:02 PM
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Originally Posted by Jack Kim
Thanks for the reply Sous.

The claim isn't bogus nor was it posted to insight an argument. I just wanted to see what a fellow Ford Owner and yes I have a 2019 F250 Ultimate Lariat and LOVE IT! I have been a long time lurker here as well! The reason I haven't posted the video is that I'm still considering Legal Action. But based on your "emotional scarring" opinion, you might be right.
Fair enough... I just found it a bit strange that your first post after creating an account was related to firearm safety. Although, I am a strange person and often see things differently than 99% of the global population, so there is that...

Congrats on your 2019 F-250, I bet that is a recliner on wheels!
Originally Posted by Jack Kim
I will certainly purchase another safe but what would you do with the company that sold you the liability? My kids are 5 and 3 and they would have been harmed. I consider myself really lucky but I feel the company should pay or publicly issue a recall for the faulty product. When they saw my first video, they claimed I didn't shut the safe properly. That claim was quickly dismissed when I sent them a follow-up video and then they rushed to their warehouse and got their whole team to audit all existing safes.
I would make a valiant attempt to get my money back, but if there was a lot of resistance to that I would drop it and call it a loss of funds and move on. You could contact your local news source, you could contact a lawyer, you could send a registered letter to their customer service department, you could post the video on YouTube, you could do a lot of things... Just depends on how much time and effort you want to devote to this.
Originally Posted by Jack Kim
What do you recommend I do with this safe besides the obvious. Be in my shoes for a sec, and think about how your child could have been killed. What would you do as a concerned parent in regard to the negligent company? Not trying to argue. I just want an honest opinion.
Again, I am not a lawyer and cannot or should not offer you legal advice. I can only state you should do what you feel is right... I have enough trouble keeping track of my own shoes, so I will just stick with mine... Your child was not killed, just like you were not killed the last time you drove to the store. I was not killed the last time I deployed, etc... Going on hypothetical situations does not go very far in a lawsuit or a court of law.

Proving negligence on a product because you "freaked out" is going to be very difficult at best.

My honest opinion is you should take one of the actions I listed above, or load the safe up with tannerite and blow it up with one of you loaded and unsecured firearms. Also, teach firearm safety when the time becomes appropriate.

I would still love to see the recording though, so if you post it on YouTube, let me know! Same goes for the tannerite option...
 
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Old May 16, 2020 | 03:02 PM
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Thank you for the suggestion.
 
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Old May 16, 2020 | 03:07 PM
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Thank you, Sous for your time. I appreciate your perspective.

lol. The "recliner on wheels" certainly makes my family feel safe. Best vehicle I have ever owned!
 
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Old May 16, 2020 | 03:08 PM
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Serving suggestion:

https://www.cpsc.gov/Safety-Educatio...-We-Do-for-You
 
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Old May 16, 2020 | 03:14 PM
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This is good! Thank you!
 
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Old May 17, 2020 | 06:10 AM
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So let me get this straight----by simply TAPPING ON YOUR DESK the gun safe just pops open?

And yeah the alarming and incendiary HEADLINE of this post does smell of a bit of an over-reaction.
 
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Old May 17, 2020 | 12:42 PM
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Originally Posted by Jack Kim
the safe miraculously pops open when my phone fell hard on my desk. Since then, I have been able to RECORD and replicate the flaw by simply tapping a certain area on my desk.
Hmmmm. Sounds like a voo doo desk. I wonder if tapping on your desk will open other safes too? I'm thinking of heading down to the bank (with my "COVID-19" mask on of course) and I'll need you to tap on your desk while I'm in front of their safe. What's your phone number? I'll split the take with you.

All kidding aside, it remains clear that, while nothing bad actually happened, what could have happened could have been serious. Could have.

Originally Posted by Jack Kim
I freaked out because I have two sons that could have been killed!What would you do with the company involved with selling a product that could have killed a family member? Can I seek compensation for putting my family in grave danger? What would you do?
The focus on seeking compensation has the appearance of greedy opportunism.

Can you seek money out of the company? Sure. Will you get any compensation? Likely not more than whatever piddly price you paid for the malfunctioning safe. Court filing and service fees will probably cost more than that.

Fortunately, your imagined claim of negligence against the safe manufacture is missing a critical element for compensating you for "freaking out": No one was actually harmed.

It is in violation of FTE Site Guidelines to use the forums to drum up interest in, support for, or recruit additional class members to persue planned, ongoing, or potential litigation... but I don't personally think you are trying to do that here. It sounds like you are just seeking some advice from your fellow Ford truck enthusiasts. Just keep in mind, the advice you would receive here is from pickup truck drivers. Heck, most of us don't even rise to the level of semi truck drivers, let alone lawyers.

There are four important elements to a negligence lawsuit that must be proven:
  1. The defendant owed a duty, either to the plaintiff or to the general public
  2. The defendant violated that duty
  3. The defendant's violation of the duty resulted in harm to the plaintiff
  4. The plaintiff's injury was foreseeable by a reasonable person.
Thinking of myself and all the people I know personally who might sit on a civil action jury, your claim would have the appearance of attempting to disproportionately cash in on a potentially unfortunate event that never actually happened.

Now, to answer your question "What would you do?"...

1. Visit the US Federal Government's Consumer Product Safety Commission

2. Review the current federal recalls on inexpensive hand gun safes inadvertently opening: Gun Safe Recalls (Alpha Guardian) (Rhino Metals) (Harbor Freight)

3. Visit the CPSC's citizen portal for reporting unsafe products: SaferProducts.gov

4. File a federal incident report on the malfunction of your safe: Incident Report Form

5. Request full refund from safe manufacturer.



The following video might be of interest to anyone considering the "safety" of safes.


Watch first 30 seconds to get an idea of the type of safes being discussed and more significantly, the types of stores where these safes are sold.

The next couple of minutes sounds like a sales pitch, but it actually isn't, since no particular brand name or model of safe is ever named, promoted, or even mentioned throughout the entire video.

Still, if short on time, then skip to minute 2:30 where an older beavis with a crow bar and a young & dumb butthead with a pry bar manage to gain unrestricted entry into a full size four figure$ safe in less than one minute 45 seconds.

Eye opening... not just safe opening.
 
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Old May 17, 2020 | 02:14 PM
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You're better off with a Pelican box and a good padlock vs so many of those small "safes" out there. If you can pick it up and carry it, that isn't much of a safe.

It's a far stretch to say your kids were almost killed. It's like when people say another driver almost killed them when their car wasn't touched.
 
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Old May 17, 2020 | 04:25 PM
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Assuming that its the type of safe that replaces a desk drawer, since tapping your desk opens it.
So ask for your money back, and replace with a V line top drawer model.
 
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Old May 18, 2020 | 02:19 PM
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Contact the Better Business Bureau in your home state AND in the state the company is in. BBB will contact them and post the results thereof.
 
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