Pennsylvania Record

Wednesday, January 29, 2020

Crossbow user says his permanent injury stems from Precision Shooting Equipment's negligence


By Shanice Harris | Apr 5, 2019

Law money 03

PHILADELPHIA - A crossbow user is suing Precision Shooting Equipment Inc., alleging he was injured because of the company’s negligence. 

In October 2017, plaintiff Raymond Nechestsky was wielding a crossbow that was purchased from Precision Shooting Equipment. While carrying the crossbow, the weapon allegedly prematurely fired. The arrow hit Nechestsky, causing him severe bodily harm that included permanent damage to his right thumb, he claims.

Nechetsky filed a lawsuit in the U.S. District Court for Eastern Pennsylvania on March 4. He resides in Zionsville. Precision Shooting Equipment designs, manufactures and sells archery equipment in the Arizona area, but often conducts business in and around Pennsylvania, he says.

Several months prior to the incident — and again in November 2017 — Precision Shooting Equipment issued a recall all of its FANG XT, FANG LT and THRIVE archery crossbows because of a discovered mechanical issue with the trigger. The United States Consumer Product Safety Commission pulled the products off the shelves, after several complaints of those models unexpectedly firing. 

Nechestsky’s crossbow was different from the recalled models, as evident by the serial number of the products. But, the Plaintiff referenced the model recall as evidence of the company's negligence.

In Nechestsky’s lawsuit, he argues the product failed in its design and operation. “As a result of the foregoing, defendant is liable to the plaintiff for the breach of express and/or implied warranties that the aforesaid Crossbow was merchantable, fit for use, suitable and fit for its particular purpose under common law,” according to the complaint.

According to the lawsuit, the product was defective, which was proved when Precision recalled several models of their crossbows. The plaintiff also noted that he was not improperly using the weapon, but instead it misfired without any assistance from him.

Nechestsky is seeking judgement in his favor. In addition to $150,000, he also seeks costs of suit and any other relief that the court deems right.

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