California’s Second District Court of Appeal said on Tuesday that a paralyzed Los Angeles police officer, who was shot by his 3-year-old son, could move forward with his lawsuit again gun manufacturer Glock.

Enrique Chavez’s lawsuit claimed that the Glock 21 had a light trigger and lacked a grip saftey, both of which could have prevented the shooting.

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Los Angeles Judge Kevin Brazile dismissed Chavez’s case two years ago, saying that he had failed to show that an alternate gun design would have prevented the shooting. Brazile also said that a police department review of the handgun showed that the advantages outweighed the risk.

But earlier this week, the state appeals court ruled 3-0 that the suit could move forward, according to the San Francisco Chronicle. After reviewing evidence presented by Chavez’s lawyers, the court found that a grip safety “would minimize the risk of accidental discharge without undermining performance.”

In 2006, Chavez’s son accidentally shot him in the back after the off-duty officer forgot that he had left the loaded .45-caliber pistol under the front seat of this Ford Ranger. The child was not in a safety seat at the time.

[Photo: Shutterstock.com]