A gun can fire without the trigger being pulled when a mechanical failure prevents the firearm’s internal safety components from functioning as designed. A defective drop safety, a poorly engineered trigger assembly, a misaligned firing pin, or a sear that fails to hold the firing mechanism securely can all cause a gun to discharge on its own, especially when it’s dropped.
These are defects in the firearm, in its design, its materials, or its assembly, and every responsible party in the manufacturing and distribution chain may be held accountable when those defects cause serious injury.
At Wheeles & Garmon, our defective firearms attorneys help victims hold manufacturers accountable for putting unsafe products on the market.
Common Causes of Unintended Firearm Discharge
Identifying why a gun fired without a trigger pull is the foundation of any defective firearm claim. Some of the most common causes behind unintended discharges and drop fire accidents include:
Design Defects
- Defective drop safeties — failures in mechanisms meant to prevent the gun from firing when dropped
- Trigger assembly flaws — poorly designed or installed triggers that can fire unexpectedly
- Firing pin or striker defects — pins that are too heavy, improperly tensioned, or misaligned, allowing discharge on impact
- Sear engagement issues — parts that fail to hold the firing mechanism securely, making the gun discharge unintentionally
Manufacturing Defects
- Poor machining, incorrect tolerances, or misaligned components, manufacturing failures that cause the firing system to behave unpredictably
Improper Modifications or Repairs
- Aftermarket parts or alterations can interfere with factory safety systems and increase the risk of unintended discharge.
An experienced defective firearm attorney will thoroughly investigate every detail to identify evidence showing the firearm discharged because of a defect in its design, manufacturing, or safety systems, rather than user fault.
Who Can Be Held Accountable for a Defective Firearm Injury?
When a firearm discharges without a trigger pull, the injury it causes may fall under product liability law, including strict liability, which holds manufacturers accountable for defective products regardless of intent or negligence.
A defect in the firearm’s design, manufacturing, or assembly is sufficient grounds to pursue a claim.
Responsible parties may include:
- Firearm manufacturer — if a design or manufacturing defect caused the unintended discharge
Parts or component manufacturers — if a defective internal part contributed to the failure
- Distributors or wholesalers — if they supplied a product with known or discoverable defects
- Retailers or sellers — if the firearm was sold without proper warnings or with knowledge of a known defect
Identifying every responsible party is critical to recovering the full measure of compensation available to you, including medical expenses, lost income, and pain and suffering.
Building a Strong Defective Firearm Product Liability Claim
A strong defective firearm claim depends on proving the gun discharged without a trigger pull and that a defect in its design or manufacturing caused that unintended discharge.
Key factors that contribute to a successful outcome include:
- Preserving the firearm for expert inspection
- Physical evidence of malfunction, such as broken or damaged internal components or an irregular firing pin
- Video evidence or eyewitness testimony
- Engineering analysis demonstrating a design or manufacturing flaw
- Any history of similar incidents or voluntary recalls by the manufacturer
The Role of Medical and Forensic Evidence
Medical evidence should also align with an unintended discharge; specifically, injury patterns consistent with the firearm’s position and trajectory at the moment of discharge. The stronger the documentation and expert support across all of these elements, the stronger the claim.
Turn to a Leader in Defective Firearm Litigation
If a defective firearm caused your injury or the death of a loved one, contact Wheeles & Garmon. Our firm has the experience and resources needed to pursue claims against firearm manufacturers, distributors, component suppliers, and any other parties potentially liable under product liability, negligence, strict liability, or failure-to-warn claims.
Contact us today for a free, no-obligation consultation. We work almost exclusively on a contingency fee basis, so you pay nothing unless we recover compensation for you.