SPARKS, Nev. (News 4 & Fox 11) — 61,000 'malfunctioning' gun safes have been recalled after a 12-year-old Sparks boy managed to open a biometric safe and shot himself, according to a lawsuit filed against Scheels and the safe manufacturer Fortress.
In the 54-page complaint filed in Washoe County, parents Casey and Jeaneen Preston allege Fortress built a defective product and that Scheels continued to sell the product after receiving complaints.
The U.S. Consumer Product Safety Commission and Fortress announced a recall of 61,000 safes because the safes, meant to be opened only with a programmed fingerprint, 'could open when anyone places their fingers on the scanner.'
Carson Preston
We miss him terribly. He was just a baby."(We're) constantly wondering what he would look like, how tall he would be," mother Jeaneen Preston said, holding back tears during an exclusive News 4-Fox 11 interview in their Spanish Springs home.
The Prestons said to know 12-year-old Carson was to love him — a fun-loving, intelligent boy who was obsessed with reading and a talented athlete.
"A fierce competitor who actually loved and cared for the people who he was wrestling against or playing against," Jeaneen said.
"He was everything you wanted a young man to be," said father Casey.
Gun safe purchase
In 2021, the couple bought a Fortress brand safe from Scheels in Sparks. Casey occasionally traveled for work, so they wanted a secure firearm in their bedroom for when Jeaneen was home alone with the boys.
"We have kids and we know that kids are curious and we wanted to make sure that we were doing our part in protecting our kids and locking all the guns up," Jeaneen said.
They chose the Fortress Medium Personal Safe with Biometric Lock, which is designed to only be unlocked when someone whose fingerprint is programmed puts their fingerprint to the scanner.
Casey, an electrician by trade, said he programmed and tested it.
I'm confident that I read the directions and tested it and made sure it worked properly.January 28, 2022
On January 28, 2022, Jeaneen and Casey suffered every parent's worst nightmare. Carson managed to open the safe and shoot himself in the head.
"It's been the most horrific thing that we have ever been through," Jeaneen said.
His parents said he was not struggling with his mental health and they do not believe he was attempting to commit suicide.
"My son made an irrational decision, impulsive and he was just curious," Jeaneen said.
But what they learned next made their excruciating pain even worse.
Lawsuit filed
The lawsuit, filed by Claggett & Sykes Law Firm, alleges that anyone's fingerprint can unlock the safe if it has not been properly set up. The Prestons sued Scheels and Fortress for wrongful death and negligence.
"The instructions for the safe are unreasonably confusing, and it can appear to indicate that a fingerprint has been proper(l)y recorded when, in fact, it has not, leaving the safe unlocked to anyone to touches the fingerprint scanner," the suit states.
"The default position for this safe is to be unlocked," partner William Sykes said.
For example, if someone attempts to scan their fingerprint and the scan doesn't work, instead of locking the product, it unlocks the product, which is extremely scary.The lawsuit also alleges that Scheels received reports and complaints the product was defective and yet 'continued to advertise the gun safe.'
"We believe the evidence will ultimately show that Scheels either knew or should've known that there were complaints about this product before Carson's death," Sykes said.
Recall announced
Last month, the U.S. Consumer Product Safety Commission and Fortress Safe announced a recall of 61,000 safes, including 9 models sold at several stores and online retailers.
Commission Rich Trumka Jr. wrote there were 39 other reports of people gaining access to guns though to be secured in the safes.
"As a gun owner with kids, this product failure is the nightmare scenario, the kind that we want to believe is not possible—it’s also the most concerning recall that’s ever come across my desk," Trumka Jr. wrote.
Responses
A representative for manufacturer Fortress responded to an email asking for comment but said 'we have no other comments or information to provide.'
A Scheels representative did not respond to multiple calls and emails seeking comment.
But Scheels responded to the lawsuit with a complaint against the Prestons denying the allegations. Scheels lawyers argued the product was misused and/or altered or modified and that the Prestons, including Carson, 'may be responsible for the alleged injuries and damages suffered.'
Jeaneen called the Scheels complaint a 'gut-punch' and Casey said it was frustrating for the company to appear to place blame on them in court filings.
Today, the safes are off store shelves but the lawsuit seeking to hold the companies accountable moves forward, as does the Prestons' mission to make sure this can never happen to another family.
I made a promise to Carson after the fact that this was not going to be for nothing. That I would find justice for him.Recall details
The recalled safes were sold at Bass Pro Shops, Cabela’s, Scheel’s, Sportsman’s Guide, Optics Planet, Dick’s Sporting Goods, Gander, Rural King, Lowe’s and other stores, as well as Amazon and Ebay, according to the CPSC.
The brand names include Fortress, Cabela’s, Gettysburg, and Legend Range & Field. The specific models of recalled safes are below:
- Fortress Portable Safe with Biometric Lock
- Fortress Personal Safe with Pop up door and Biometric Lock
- Legend Range & Field Personal Safe with Pop up door and Biometric Lock
- Fortress Medium Personal Safe with Biometric Lock
- Fortress Quick Access Safe with Biometric Lock
- Fortress Large Quick Access Safe with Biometric Lock
- Gettysburg Large Quick Access Safe with Biometric Lock
- Cabela’s 4 Gun Safe with Biometric Lock
- Cabela’s Biometric Personal Safe
If you purchased one of these safes, the CPSC recommends immediately disabling the biometric feature, removing the batteries from the safe and only using the key to safely secure guns moving forward.
CPSC Chair Alex Hoehn-Saric suggested everyone check to make sure their gun safe wasn't recalled and to report any problems to the agency.
We will investigate and you could be saving someone else's life.
Email reporter Ben Margiott at bjmargiott@sbgtv.com. Follow @BenMargiott on Twitter and Ben Margiott KRNV on Facebook.
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