NAPERVILLE, ILLINOIS: Carson Preston, a 12-year-old from Nevada, died on January 28 after accessing a gun stored in a safe built by the company Fortress Safe.

The child sustained a “lethal gunshot wound to the head,” states the lawsuit filed by Carson's grief-stricken parents against Fortress Safe, claiming the safe "failed" when Carson, who was unauthorized, was able to take the gun kept inside.

On October 19, the company recalled 61,000 gun safes nationwide after receiving multiple reports of similar unauthorized access, the US Consumer Product Safety Commission announced.

Fortress Safe urges owners to stop using biometric system

According to 39 reports received by the company, a flaw in the safes’ biometric feature made it seem like they were locked for unauthorized users, but actually remained in 'default to open' mode.

In the recall, Fortress Safe asked customers to lock their safes with a key instead of using a biometric system. Customers were also asked to contact the company for information on how to receive 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, to access hazardous contents, including firearms,” stated the company.

Why is Fortress Safe being sued?

Carson's father Casy Prston had purchased the Model 44B20 Fortress gun safe in March 201 from the sporting goods store Scheels, according to a copy of the lawsuit obtained by the Huffington Post.

The safe failed on January 28, when it allowed Carson, who was not authorized, to access a handgun that was kept inside. As a result, the child sustained a “lethal gunshot wound to the head,” states the lawsuit.

It further adds that the safe was initially shipped in a state that allowed it to be opened with any fingerprint.

Josh Dowling of Claggett & Sykes, the law firm representing the Preston family, reportedly told the Huffington Post, "Our clients experienced every parent’s worst nightmare when their son was able to access their firearm because of the defective design of the Fortress gun safe."

He added, "This recall is an important first step in holding Fortress responsible for placing a defective gun safe on the market. This recall reassures our clients that this was not their fault, and we hope it will prevent this type of tragedy from happening again.”

Retailer Scheels also under scrutiny for continuing to sell 'defective' safes

The lawsuit also claimed that the retailer Scheels continued to sell and advertise the defective gun safe after receiving reports and complaints from customers and individuals.

Scheels, however, has stated that the gun safe was “not in an unreasonably dangerous or defective condition” when it was sold and the store therefore could not be held responsible for the tragedy.