March 20, 2013 /EIN Presswire/
-- In the wake of this horrific tragedy, the United States has announced an immediate halt in the usage of these weapons until a thorough investigation can be completed. During an exercise involving the 2nd Marine Expeditionary Force from Camp Lejeune, N.C., the Marines were practicing firing mortars when one of the rounds exploded while still in the tube. The Pentagon has announced that they are launching an investigation into the 60 mm mortar rounds that were in the same manufacturer lots as the round that exploded in Nevada.
Under Federal law, a manufacturer, including a military contractor, can be held strictly liable if their product was manufactured defectively, such as an unintended crack or another defect that makes the product unreasonably dangerous for its intended use. Historically, a manufacturer cannot be held responsible if the product they manufactured met the design specification provided by the US; however, this immunity does not apply if the manufacturer is negligent in the making of the product. A catastrophic injury lawyer
can help you evaluate a potential case if you've been effected by defective products.
On May 15, 1986, US Marines participated in routine military training exercises at Camp Lejeune, N. C. During exercises using 81mm mortars, a defective mortar shell prematurely exploded inside the mortar tube killing 2 Marines. During the post-accident investigation, specialists determined that mortar shells from the same manufacturing lot contained cracks within their metal projectile bodies and excessive voids in their explosive filler. In that case, the families of the Marines were able to successfully prosecute their wrongful death/product liability cases against the manufacturer. In the published decision of Mitchell v. Lone Star Ammunition, Inc., 913 F2d 242 (1990), the US Court of Appeals upheld a verdict against the manufacturer for their defective mortar shells, according to research collected by catastrophic injury lawyer Greg Vigna. The Court noted that "the government specifications for the design of mortar shells take on special importance. Comprehensive military specifications ensure that these lethal devices explode only at the proper time and under the proper conditions. In short, design specifications ensure that mortar shells destroy only intended targets, not innocent bystanders. When a manufacturer of mortar shells deviates from these critical specifications, the result can be--and has been here--particularly tragic. A manufacturer's miscue in the manufacturing process--failure to conform to government design specifications--cannot be insulated from tort liability."
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San Francisco Catastrophic Accident Lawyer
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