On Thursday, more than 60,000 gun safes were recalled nationwide after dozens of reports that unauthorized people could open them, including a 12-year-old boy who died after allegedly accessing a gun inside, U.S. Consumer Product said Safety Commission with.
Illinois-based Fortress Safe recalled 61,000 gun safes after 39 reports found that a flaw in the safes’ biometric function made them appear to be locked to unauthorized users, but actually remained in “default open” mode. The recall required safe owners to immediately stop using the biometric feature and instead lock the safes with a key. Customers were also encouraged to contact Fortress Safe for information on how to obtain a replacement safe.
“The safes contain a biometric reader that allows unpaired fingerprints to open the safe until a fingerprint is programmed, allowing unauthorized persons, including children, access to dangerous content, including firearms,” the company said.
Open image ModalCarson Preston, 12, died of a gunshot wound after accessing a gun stored in a Fortress Safe gun safe, his family’s lawsuit says.
The Preston family through the law firm of Claggett & Sykes
Fortress Safe said it was aware of a lawsuit filed this year alleging that a 12-year-old Nevada boy, Carson Preston, died after accessing a gun from one of the company’s safes.
According to a copy of the lawsuit obtained by HuffPost, Casey Preston, Carson’s father, purchased the Model 44B20 Fortress gun safe from the Scheels sporting goods store in March 2021.
On Jan. 28, the gun safe allegedly broke because Carson, an unauthorized user, had access to a handgun inside. According to the lawsuit, the safe was initially shipped in a condition that allowed it to be opened with any fingerprint.
As a result, Carson suffered a “fatal gunshot wound to the head,” according to the lawsuit.
In a statement to HuffPost, Josh Dowling of Claggett & Sykes, the law firm representing the Preston family, said that “responsible gun owners should rely on gun safes to protect their families.”
“Our customers experienced every parent’s worst nightmare when their son was able to access his firearm due to the faulty design of the Fortress gun safe,” said Dowling. “This recall is an important first step in holding Fortress responsible for placing a defective gun safe on the market. This recall reassures our customers that this was not their fault and we hope it will prevent such a tragedy from happening again.”
The lawsuit also alleges that Scheels received reports and complaints from customers and individuals claiming the gun safe was defective, but the retailer continued to sell and advertise it.
According to court documents obtained by HuffPost, Scheels denied those allegations, adding that the gun safe was “not in an unreasonably dangerous or defective condition” at the time of sale. The company has filed a countersuit against the Preston family, alleging that the child’s parents may be responsible for his death and seeking more than $15,000 in damages and attorneys’ fees.
A representative for Scheels did not respond to HuffPost’s request for comment. Fortress Safe declined to comment.