The February shooting death of a Gaylesville, Alabama, child is the subject of a lawsuit filed against the manufacturer of the gun in the incident.

The Birmingham law firm of Morris, Haynes, Wheeles, Knowles & Nelson, and the West Virginia-based law firm of Bailey & Glasser, announced the lawsuit filed in Dade County, Florida, against Taurus International.

On Feb. 15, 11-year-old D.J. Simms of Gaylesville was killed when he was struck by a bullet.

Authorities said at the time that Simms’ father was cleaning a gun when the weapon discharged. However, Bailey & Glasser attorney David Selby II said the father was putting a magazine into the gun, bumped his hand against the bottom of the magazine to seat it, and the gun discharged.

The shot traveled through the father’s hand, striking the child, who was sitting on a couch. The shot also struck the mother in the elbow. Both parents were taken to a hospital for medical treatment. Simms was pronounced dead at the scene.

According to the lawsuit, faulty design in the pistol led to the death of Simms and severe injuries to both of his parents.

The suit attributes the incident to a design flaw that makes certain types of Taurus pistols likely to discharge when the pistol is subjected to an impact or is dropped, even when the safety is engaged. According to the suit, the gun is still capable of being fired by a trigger pull even when the safety appears to be in the safe position.

Attorney M. Todd Wheeles said the suit contends that Taurus knew about the design flaws and continued to market the weapon.

The firms also brought a similar case against Taurus International that resulted in a $30 million preliminary class action settlement earlier this year.

(Rome News-Tribune)