Defective Guns & Firearms

By Rasansky McKenzie

Has a firearm defect caused injury due to a misfire / discharge?

Every year, thousands of Americans are injured by firearms. In some of these cases, innocent gun owners have had nasty surprises when their gun malfunctions through no fault of their own. In addition, very few industry-developed safety standards exist. This means that bringing a product liability claim or lawsuit against the manufacturer is the best (and often the only) way to force the manufacturer to make a safer product.

Product liability and defective firearms.

When you buy a gun, you expect it to work in a certain manner according to the manufacturer’s instructions. Product liability is a legal provision which seeks to protect consumers from errors in manufacturing as well as negligence during the design or manufacturing of a product. Here are some of the most common firearm defects:

Defective Firearms Causing Injury

1. Trigger safety failure.
2. Over-sensitive trigger (hair-trigger).
3. A design flaw (such as requiring the user to switch off the safety in order to load/unload).
4. Rifle drop.
5. Faulty firearm accessories.
6. Barrel failure.
7. Defective chamber indicator.

Manufacturer liability.

The injuries sustained by an individual as a result of a design defect or manufacturing flaw can be life-changing or fatal. Because of this, it’s important to hold a manufacturer liable for two reasons:

1. So that the victim can get the needed justice and compensation they deserve for an injury that was not their fault.
2. So that safety changes can be made and  implemented in order to prevent similar accidents from occurring in the future.

In most cases, a design flaw in an unsafe product such as a gun can lead to a recall. A manufacturer recall can absolutely saves lives, and can protect other gun owners from similar accidents.
You can be awarded compensation based on your losses or “damages” related to the accident. This may cover things like:

• Compensatory damages such as medical expenses, loss of wages, property loss or repair or disability.
• Non-economic losses such as pain and suffering, loss of consortium/loss of society, etc.

In some rare cases, a jury may award punitive damages to you in order to make other firearm manufacturers sit up and take notice. Punitive damages are generally awarded when the jury feels that the manufacturer’s actions were egregious, malicious, reckless, oppressive or outrageous.

Injured by a defective gun? Call us now.

Gun manufacturers must be held responsible for their negligence. This is done in order to help protect gun owners and the general public. By forcing these manufacturers to make a safer product, you are helping prevent shooting accidents in the future. Please get in touch with Rasansky | McKenzie Law today at (214) 651-6100 or by filling in the web form found on this page. We look forward to your call.

About the Author

Anyone can hire a lawyer, but if you want to give yourself the best possible chance at success, call the experienced attorneys at Rasansky McKenzie. You only get one chance to bring your case before a court. Let them put their expertise to work for you.