The law allows lawsuits to proceed against gun manufacturers for accidental shootings caused by defective or unreasonably dangerous firearms. These cases turn on proving that the unintentional discharge was due to a defective condition in the gun rather than user error or unsafe handling.
These cases are highly technical and evidence-intensive, often involving expert forensic testing and investigation. These efforts matter not just to the injured party, but to public safety as a whole.
When a Gun Manufacturer May Be Liable for an Accidental Discharge
A gun manufacturer may be legally responsible for an accidental shooting when the unintentional discharge was caused by a defect in the firearm itself. Under Alabama’s product liability framework, known as the Alabama Extended Manufacturer’s Liability Doctrine, the plaintiff must establish that:
- The firearm was defective;
- The defect made the firearm unreasonably dangerous; and
- The firearm reached the user without substantial change from the condition in which it left the manufacturer.
- The defective condition of the firearm caused the harm to the injured party
These requirements are central to determining whether an accidental discharge resulted from a malfunction rather than user error or unsafe handling.
Types of Firearm Defects That Can Lead to Accidental Shootings
Design Defects
A defective design—such as an inadequate safety mechanism, a firing system prone to discharging without the trigger being pulled, or a design that allows “drop fires”—can make accidental shootings more likely.
Manufacturing Defects
Even if the design is safe, errors during assembly or production can create an individual firearm that malfunctions. Examples include a damaged component part or/and an improper assembly.
Failure to Warn
Manufacturers must provide adequate warnings and safety instructions. When they fail to disclose unknown risks or avoid issuing a recall, an accidental discharge may result.
Misrepresentation or Unsafe Marketing Practices
Marketing a firearm as “drop-proof” or “safe under all conditions” may mislead consumers. If those claims prove untrue and the gun fires without a trigger pull, the manufacturer may bear responsibility.
If an accidental shooting was caused by any of these problems, the manufacturer may be liable for the resulting injuries or loss.
Accidental Shootings and the Role of Federal and National Data
National injury data from the CDC show that nearly two in ten medically treated firearm injuries are unintentional, according to the agency’s Fast Facts: Firearm Injury and Death report.
Alabama consistently reports high firearm injury rates, which makes it important to determine whether an accidental discharge resulted from a firearm defect. When a malfunction is suspected, an evaluation of a manufacturer’s responsibility is a critical part of the investigation.
These cases also intersect with federal protections for the firearms industry. The Protection of Lawful Commerce in Arms Act (PLCAA) shields gun manufacturers from many types of lawsuits, but it does not bar claims involving defective or unreasonably dangerous firearms. This exception forms the basis for most successful claims stemming from accidental discharges.
When an Accidental Shooting Is Caused by Negligence, Not a Defect
Not every accidental shooting is the result of a defective firearm. Many occur because someone handled, stored, or used a gun in an unsafe or unintended manner. In those situations, responsibility often rests with the individual or organization whose conduct led to the unintentional discharge—not with the manufacturer.
Examples of user negligence that can result in an accidental shooting include:
- Failing to follow or enforce basic safety rules
- Allowing untrained or unsupervised individuals to handle a weapon
- Handling a firearm while impaired or in a careless manner
These are negligence-based events, legally distinct from a defective-product claim. However, what first appears to be user error can sometimes turn out to be a mechanical failure.
A firearm that discharges without the trigger being pulled, fires when dropped, or behaves unpredictably may indicate an underlying defect. A thorough investigation is often needed to determine whether the accidental shooting was caused by human error or a malfunction.
Why Experienced Counsel Is Essential in Accidental Shooting Claims
Accidental shooting cases involving suspected firearm defects are complex, both technically and legally. Determining whether a gun malfunctioned requires far more than reviewing the circumstances of the incident. The firearm itself must be examined, tested, and evaluated by experts who understand how safeties, firing mechanisms, and internal components should function under normal use.
Even when a defect is suspected, proving it is rarely straightforward. These cases often involve:
- Detailed forensic analysis of the firearm,
- Inspection of internal parts and wear patterns, possibly including a pre-dissassembly CT scan of the firearm,
- Review of manufacturer design specifications, testing procedures, and prior complaints, and
- Evaluating whether the firearm behaved in a way consistent with a known defect pattern.
Manufacturers also benefit from strong legal protections, including federal immunity under the Protection of Lawful Commerce in Arms Act (PLCAA), which limits the types of claims that can proceed. Navigating these protections and determining whether an exception applies requires familiarity with both federal law and each state’s applicable product liability framework.
For these reasons, accidental shooting cases are not matters victims should attempt to handle on their own. An attorney experienced in defective-firearm litigation can coordinate the necessary expert testing, preserve critical evidence, identify whether a defect likely caused the unintended discharge, and build the legal foundation required to move the case forward.
In cases involving serious injury or loss of life, having counsel who understands this combination of mechanical, evidentiary, and legal issues is essential.
What To Do If You Suspect a Defective Firearm
If a firearm discharged unexpectedly, leave it exactly as it is. Do not clean it, repair it, or send it back to the manufacturer. Every mark, component, and condition feature may serve as critical evidence. If possible, document what happened, identify any witnesses, and contact an attorney promptly.
At Wheeles & Garmon, our attorneys investigate firearm-related injuries with precision and care. We work to determine whether a malfunction occurred and trace it to its source, whether that involves a flawed fire control system, a weakened safety mechanism, or a defective design.
If you are unsure whether a manufacturer or another party may be responsible for an accidental shooting, a defective firearm attorney can help you evaluate the circumstances and determine the next steps.
Speak With an Accidental Shooting Lawyer About Your Case
If you were injured or lost a loved one in a shooting caused by a defective firearm, you may have grounds to file a lawsuit. Wheeles & Garmon brings more than four decades of combined experience, a foundation in law enforcement, and a record of dedicated advocacy to every case.
We thoroughly investigate, litigate, and pursue recovery for medical expenses, lost income, pain and suffering, and other losses. To discuss your potential gun accident lawsuit in Alabama, contact Wheeles & Garmon today for a confidential case review.