50/50 If there truly is a problem.

Would anyone have been injured or killed had the muzzle not been pointing at them?

No

Would anyone have been injured or killed had the rifle's safety mechanism worked properly?

No

Is there really a problem? Who knows?

But Remington has set themselves up on the losing side of this argument, whether there is a problem or not. The fact that they chose to ignore the designer's numerous warnings that an unsafe condition may exist will bury them in any litigation.

So in the end, the issue of whether or not the mechanism is at fault may well become irrelevent.
The damage is done.
JM