Some accidental gun discharges are due to user error, but many are not. In some cases, the cause of the injury can be traced to a defect in the firearm or a failure by the manufacturer or seller to ensure the weapon was safe for use.
If you were injured because a gun malfunctioned, the prospect of filing a lawsuit may be the last thing on your mind. Taking the first step can feel overwhelming. However, the sooner you retain a defective firearms attorney, the sooner they can begin conducting crucial investigations, preserving critical evidence, and determining who may be legally responsible.
At Wheeles & Garmon, we represent individuals across Alabama who have suffered harm due to defective or dangerously malfunctioning firearms. If you believe a gun defect caused your injury, we can help.
If You Did Nothing Wrong, You May Have a Strong Case
One of the clearest indicators of a potential gun defect claim is whether the firearm malfunctioned despite proper use.
A gun that fires without the trigger being pulled, fails to engage its safety mechanism, ruptures, or behaves unpredictably may indicate a design or manufacturing flaw. If you were using the firearm as intended and it still caused injury, speaking with an experienced product liability attorney is important.
Common signs that a firearm defect may have caused the incident include:
- Unintended discharge: The gun fires without trigger pull.
- Drop Fire: The gun fires when it is dropped.
- Failure of safety components: The safety or trigger mechanism does not operate correctly.
- Explosions or misfires: A barrel, chamber, or internal component fails and causes shrapnel or burns.
- Improper assembly or machining flaws: Manufacturing errors cause irregular or unsafe operation.
Whether the firearm was altered or misused is also important. A product used normally and without modification is more likely to support a defect-based claim. Liability may extend not only to the manufacturer but also to distributors or retailers who fail to provide adequate warnings or sell a firearm with known or concealed defects.
How a Gun Defect Attorney Can Help
Recognizing a potential defect is only the beginning. These cases are technically complex and evidence-dependent, often requiring investigation into the firearm’s design, materials, and manufacturing history.
An attorney experienced in defective firearm litigation can help by:
- Reviewing medical, mechanical, and incident evidence
- Coordinating expert testing to evaluate the firearm’s failure
- Identifying whether a design defect, manufacturing error, or inadequate warning played a role
- Determining which parties—manufacturer, distributor, or seller—may be responsible
- Seeking compensation for medical costs, lost income, pain and suffering, and other losses
- Preserving and securing the firearm to prevent accidental alteration or destruction of evidence
Beyond helping individual clients, these cases can also promote broader safety improvements by holding manufacturers accountable for preventable hazards.
Talk With a Lawyer Who Handles Defective Firearm Cases
At Wheeles & Garmon, our attorneys have extensive experience handling firearm-related injury cases and understand the legal and technical challenges they involve. We carefully investigate each incident and work to determine whether a defect contributed to the injury.
If you believe a defective firearm caused your accident, contact Wheeles & Garmon today for a free, confidential consultation. We are here to help you understand your rights and the options available to you.