Each year, people across the country are injured or killed by the unintended discharge of a defective firearm. Many of these incidents happen not because of how the gun was used, but because of a defect in the firearm itself.
Unlike virtually every other consumer product, firearms are excluded from the federal safety regulations that would otherwise apply to them; no government agency can force a manufacturer to recall a defective gun. That leaves injured victims and their families to determine, largely on their own, whether what happened to them was the result of a product defect, and if so, whether they have a legal claim.
A defective product attorney at Wheeles Garmon can hold the negligent gun manufacturer and other parties liable for producing and selling a defective firearm. We pursue accountability, so you and your family can seek compensation for your losses and damages.
Types of Firearm Defects
Here are some common firearm defects:
- Improper sear engagement, allowing the unexpected release of the firing pin or striker
- Out-of-battery discharge, when the firearm fires before the action is fully closed and locked
- Missing or poorly designed safety mechanisms
- Poorly designed feeding or chamber systems, causing jams and failures to fire
- Defective triggers, safeties, or internal parts introduced during manufacturing
- Inferior metals or improper heat treatment can cause cracks, breaks, or component failure
- Defective components like weak springs, faulty firing pins, or ineffective trigger safeties, causing drop-fire discharges
- Insufficient or missing safety instructions and warnings
- Deceptive language misrepresents whether a safety feature actually works
Firearm defects generally fall into three legal categories: design defects (the firearm’s design is inherently unsafe, even when manufactured correctly), manufacturing defects (an error during production makes an individual firearm unsafe, even though the design itself is sound), and failure to warn (the manufacturer failed to adequately warn consumers of a known risk).
Design Defect
A design defect exists when a product’s design is inherently unsafe; not because of a manufacturing error, but because the blueprint itself creates an unreasonable risk, even when every unit is built exactly as specified. With firearms, this typically means the gun performs as designed. However, the design allows it to discharge without the trigger being pulled, or fails to include a safer, feasible alternative that was available at the time of manufacture.
Courts generally look at whether a safer design was practical and would not have significantly impaired the firearm’s function or cost.
Manufacturing Defect
A manufacturing defect occurs when a firearm departs from its own intended design during production. The blueprint itself is sound, but an individual unit (or a batch of units) is built incorrectly. This can happen through the use of substandard materials, improper machining or tolerances, contamination during assembly, or a quality-control failure that lets a flawed part reach the consumer.
Because a manufacturing defect affects specific units rather than an entire product line, these cases often turn on evidence like inconsistent quality-control records, unusual variance between units of the same model, or a component that doesn’t match the manufacturer’s own specifications.
Common Examples
Common examples include a firing pin or sear improperly machined or hardened, a spring that doesn’t meet tension specifications, or a safety component installed out of alignment; any of which can cause the firearm to discharge without the trigger being pulled, even though other units of the same model function correctly.
Failure to Warn
A failure-to-warn claim arises when a manufacturer knows about a risk associated with its firearm but does not adequately disclose it to consumers, or when the manufacturer’s own materials misrepresent how the firearm actually functions. This duty extends to the documentation that accompanies the firearm, including:
- Owner’s manuals
- Safety guides
- Product literature and advertising
How a Failure-to-Warn Claim Arises
A failure-to-warn claim can arise from an outright omission, a known risk that’s never disclosed, or from language that actively misrepresents how a safety feature works. This can include an owner’s manual describing a safety mechanism as preventing discharge when dropped, when in practice it does not.
Because this theory focuses on the adequacy of disclosure rather than the physical condition of the firearm itself, it can apply even when the firearm’s design and manufacturing meet specifications.
FAQs
Does Alabama have a product liability law?
.Yes. Alabama product liability claims are governed by the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD). To win, an injured person generally must show the product was defective when it left the manufacturer’s or seller’s control, the defect made it unreasonably dangerous, and the defect caused the injury. AEMLD is fault-based, not a pure strict liability standard.
What is the statute of limitations for filing a product liability claim in Alabama?
Anyone injured by a defective firearm has two years from the date of injury in which to file a lawsuit. It is wise to consult legal counsel as soon as possible so an investigation can begin immediately and evidence does not disappear.
Where can you report a defective firearm?
There is no central agency to call regarding firearm defects. There is also no agency that can issue a formal recall. While gun owners may discover via social media and other outlets that their firearms have known defects, there is no official agency tasked with tracking these reports.
Contact a Defective Firearms Lawyer
If you experienced an unintended discharge or other firearm malfunction and want to know if you have a legal claim, contact the defective firearms attorneys at Wheeles Garmon. Schedule a free consultation today. Our team combines legal knowledge of product liability law with the investigative resources and real-world experience needed to identify how and why a firearm failed.