A firearm is considered defective any time it fires without the user intentionally pulling the trigger, whether the gun fires when dropped, when the safety is engaged, when the slide is cycled, or without any contact at all. Defects can stem from a flaw in the gun’s design, an error made during manufacturing, or a failure to provide adequate warnings and instructions. Any of these failures can make an otherwise legal, responsibly owned firearm dangerous.
At Wheeles & Garmon, our attorneys combine extensive legal expertise with real-world experience in law enforcement. This gives us the insight needed to investigate defective firearm cases aggressively and pursue full accountability from the manufacturers, distributors, and others responsible for putting unsafe guns into circulation.
What is Considered a Defective Product?
A product is considered defective if it is unreasonably dangerous for normal use. There are three main types of defects:
- Design Defects: Unsafe design poses risks even when used correctly.
- Manufacturing Defects: Flaws introduced during production make the product unsafe.
- Labeling/Marketing Defects: Missing or incorrect safety information or warnings.
Unlike many consumer products, a firearm that malfunctions can cause immediate, catastrophic harm. For that reason, the standard for what makes a firearm defective is clear: if it can discharge without the trigger being pulled, it is defective.
Examples of a Defective Firearm
For example:
- Shotgun Explosion: A shotgun that explodes when the trigger is pulled during normal use, such as hunting.
- Pistol Component Failure: A pistol whose internal components break apart while firing, sending fragments toward the shooter or bystanders.
In defective firearm cases, the gun in question is measured against the standard set by manufacturers who design and build firearms safely. When anyone in the manufacturing or distribution chain cuts corners on design, materials, or safety protocols, that failure can become the basis for legal accountability.
Common Firearm Failures That May Indicate a Defect
When a firearm malfunctions, it is usually the result of a specific mechanical failure. We investigate these common firearm defects to determine who is liable:
- Improper sear engagement: The sear is the internal component that holds the firing pin or striker in place until the trigger is pulled. When it is poorly designed or does not engage correctly, the firing pin can release on its own, discharging the firearm without any trigger pull.
- Out-of-battery discharge: A defective firearm can discharge before the bolt or slide is fully closed and locked into position. Because the action is not designed to contain pressure in that state, the result can be a dangerous explosion. Defective ammunition can contribute to these incidents when a firearm defect is also present.
- Safety mechanism deficiencies: A safety is only effective if it works as designed. When safety features are absent, poorly engineered, or fail under normal conditions, the firearm can discharge without the trigger being pulled.
- Feed or chamber issues: When the feeding or chambering system is poorly designed, rounds may not seat correctly, leading to jams, misfires, or unexpected discharges.
- Unintended discharge: A firearm should only fire when the user pulls the trigger. Defects in the trigger assembly, safety components, or other internal parts can cause a gun to fire without any trigger engagement.
- Material or metallurgical failures: A reliable firearm depends on quality materials throughout. When inferior metals are used, or components are not properly heat-treated during manufacturing, critical parts can crack, deform, or fail entirely under normal operating conditions.
- Drop-fire defects: A responsibly handled firearm should not discharge if dropped. When internal components such as springs, firing pins, or trigger safeties are defective, an accidental drop can cause the gun to fire, posing a serious risk to the owner and anyone nearby.
- Failure to warn: A manufacturer’s documentation, such as the owner’s manuals, safety guides, and product literature, must accurately describe how the firearm operates. When it does not, that misrepresentation can be grounds for a product liability claim.
Common Injuries in Defective Firearm Cases
Because of the high velocity and explosive nature of firearms, gun malfunction injuries are frequently life-altering. Victims may suffer from:
- Hand and Finger Trauma. Severe lacerations, shattered bones, and amputations from explosions at the point of grip.
- Eye and Facial Injuries. Vision loss, burns, and fractures caused by debris and gases venting backward.
- Traumatic Brain Injuries (TBI). From shrapnel penetration or the concussive force of a catastrophic failure.
- Burns. Thermal and flash burns from ignited powder, hot gases, and ruptured chambers.
- Shrapnel Wounds. Metal fragments embedded in skin, muscle, or bone.
- Hearing Damage. Permanent hearing loss or tinnitus from uncontrolled blast force.
Beyond the physical harm, many victims experience significant psychological trauma. A weapon that was purchased for safety or recreation suddenly becomes the source of a life‑altering injury. It is common for survivors to struggle with anxiety, hypervigilance, and post‑traumatic stress long after the physical wounds have healed.
What to do After a Firearm Malfunction
Your actions in the minutes and days after a malfunction can significantly affect your case. To protect your rights:
If you’ve been injured, take these steps immediately:
- Seek medical attention immediately.
- Do not alter or repair the firearm.
- Store the firearm in a safe, secure location.
- Preserve all ammunition, casings, and accessories used at the time.
- Photograph your injuries and the scene.
Before speaking with anyone representing the manufacturer or their insurance company, including anyone who contacts you after the incident, consult with an attorney first.
Why Defective Firearm Claims Require Experienced Attorneys
A malfunction alone does not prove liability. The central question is whether the failure can be traced to a legally recognized defect and whether that defect can be proven with evidence.
These cases often require:
- Identifying the Source of the Failure. Evidence must show the malfunction resulted from a defect, not improper handling, maintenance, or external factors.
- Responding to Manufacturer Defenses. Manufacturers frequently blame user error, ammunition choice, or post-sale modifications. These claims must be tested against the firearm’s condition and the surrounding evidence.
- Analyzing Technical Evidence. Our attorneys understand the mechanical and engineering details these cases turn on: internal mechanisms, safety systems, machining tolerances, and wear patterns.
- Determining All Responsible Parties. Liability may extend to manufacturers, distributors, or others in the supply chain, depending on where the defect originated.
Firearms are exempt from federal safety regulations, meaning no government agency has the authority to require a manufacturer to recall a defective gun. When a dangerous defect reaches consumers, litigation is often the only meaningful way to expose the failure and push for safer designs.
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Potential Compensation in a Defective Firearm Case
Victims of defective firearms, you may be entitled to compensation for:
- Medical bills and future medical care
- Lost income and diminished earning capacity
- Pain, suffering, and emotional trauma
- Permanent disability or disfigurement
- Loss of vision or hearing
- Amputations and long‑term physical limitations
- Scarring and reconstructive surgery
Loss of enjoyment of life
When a defective firearm causes a fatal injury, surviving family members may be eligible to bring a wrongful death claim; a legal action that seeks compensation for funeral expenses, lost financial support, and other irreplaceable losses. At Wheeles & Garmon, we document every category of damages and ensure nothing is overlooked.
Our Approach to Defective Firearm Cases
Defective firearm cases require prompt investigation and a clear strategy. Our role is to move the case forward and protect your position at each stage:
- Investigate the incident. Review what happened, preserve the firearm, and examine it for potential defects.
- Develop the case. Work with experts to pinpoint how the failure occurred and why it constitutes a defect under product liability law.
- Manage All Communications and Negotiations. Present the claim, counter defenses, and deal directly with insurers and defense counsel on your behalf.
- Represent you in court, if necessary. When a fair settlement cannot be reached, we are prepared to take the case to trial, presenting technical evidence and expert testimony to pursue the full recovery you are owed for your losses.
Leveraging over four decades of collective legal experience, including a background in law enforcement and a foundation of blue-collar tenacity, we meticulously investigate and aggressively litigate against negligent gun manufacturers.
Contact a Defective Firearm Lawyer Today
Firearm litigation demands a level of technical knowledge most personal injury firms do not have. You need a defective gun lawyer at Wheeles & Garmon who knows the difference between a striker-fired and a hammer-fired system, and who understands how a thousandth of an inch in machining tolerance can be the difference between a safe tool and a deadly defect.
We can evaluate your situation, identify liable parties, and guide you toward the best path for compensation. Schedule a free, no-obligation consultation today.