No matter how responsible you are as a gun owner, firearm defects introduce a level of danger and unpredictability that no amount of training or caution can eliminate.
When gun defects cause serious injuries, Wheeles Garmon is here to protect the rights of the injured and hold negligent gun manufacturers accountable.
With four decades of combined legal experience informed by hands-on firearm litigation knowledge, we know how to win cases and deliver the justice and compensation our clients deserve.
Firearm Defects Frequently Linked to Serious Harm
In our experience handling defective firearm cases, certain types of defects appear again and again in injury and wrongful death claims. These include:
Design Defects
Design defects come from the firearm’s underlying blueprint or engineering, and they can create a hazardous condition even when the gun is manufactured exactly as intended. These problems include:
- Improper sear engagement: Faulty sear design or insufficient overlap can allow unexpected release of the firing pin or striker, risking an unintended discharge of the firearm when the user did not pull the trigger.
- Out-of-battery discharge: With a rifle, the firearm discharges before the bolt is fully closed and locked, creating a high risk of a dangerous explosion. These incidents may also result from faulty ammunition, in conjunction with a defect in the firearm.
- Safety mechanism deficiencies: Safety features that are missing or poorly designed may allow the gun to fire on its own.
- Feed or chamber issues: Poorly designed feeding or chamber systems can cause jams and misfires.
Manufacturing Defects
Manufacturing defects occur when a firearm is built incorrectly or a component is defective, even if the design is sound. Common manufacturing defects include:
- Unintended discharge: A gun should never fire without the user first pulling the trigger. Manufacturing defects in triggers, safeties, or internal parts may cause a gun to fire unexpectedly.
- Material or metallurgical failures: Well-functioning firearms rely upon quality materials. Inferior metals or improper heat treatment can cause cracks, breaks, or component failure.
- Drop-fire defects: The firearm can discharge when dropped due to defective components like weak springs, faulty firing pins, or ineffective trigger safeties, creating a serious safety hazard.
Failure to Warn or Provide Instructions
Errors or oversights in the firearm product’s instructions, warnings, and advertising can pose serious risks. Such failures include:
- Insufficient safety instructions: Accompanying instructions and literature should properly warn gun owners about safe handling and operation of the firearm.
- Lack of warnings about specific risks: Certain defects or risks may not be clearly disclosed.
- Deceptive Language: Certain language in an owner’s manual may tell the user a safety feature (e.g., a trigger safety) works and prevents the gun from firing when dropped, when in fact it does not.
- Improper maintenance guidance: Some guns require special maintenance and cleaning procedures, and failing to provide clear instructions can lead to dangerous malfunctions.
Our defective firearms attorneys know what to look for when investigating a case. Our attorneys draw upon extensive firearm litigation experience to identify what went wrong and who is to blame.
We carefully analyze the firearm, review maintenance and usage history, and consult with experts to build strong cases that hold negligent manufacturers and other at-fault parties accountable for the harm their defects have caused.
Who Is Responsible for Firearm Defects?
Whether your gun malfunction case involved a Taurus accidental discharge, a Remington misfire, a Century Arms or Canik drop-fire, or any other type of flaw, identifying all liable parties is a key step for successful financial recovery.
Manufacturers may be found legally responsible for injuries when defects in design, materials, or assembly make a firearm unsafe. Retailers or distributors may also share liability if they sold a gun they knew or should have known was defective or failed to follow safety protocols.
In some cases, third-party repair or modification services can contribute to a malfunction, creating additional avenues for legal recourse.
By thoroughly investigating all potential sources of liability, we not only help our clients obtain justice, but we also help hold manufacturers accountable and promote safer firearms for everyone.
How We Help Injury Victims
Identifying the cause of a firearm accident is only one part of a successful defect claim. The quest for justice and compensation requires hard work, thorough preparation, and aggressive negotiation on behalf of the injured.
Firearms can malfunction in many ways. Our attorneys investigate every aspect of the incident to determine whether the cause was a product problem, improper maintenance, ammunition issues, or another factor.
We identify all potentially responsible parties and then pursue the claim through skillful negotiation or, if necessary, litigation. By carefully gathering evidence and documenting the impact of injuries, we build strong and compelling cases to maximize compensation for medical bills, lost income, loss of quality of life, and other hardships. We also pursue punitive damages when appropriate to deter negligent firearm manufacturers from continuing with business as usual and to make our community safer by getting defective firearms out of the marketplace. This helps us to accomplish our firm’s mission of protecting law abiding gun owners from defective firearms.
Talk With an Attorney Who Understands Firearm Defects
Firearm defect cases involve issues that many personal injury lawyers do not regularly encounter. These claims often require an understanding of firearm mechanics, safety systems, manufacturing processes, federal and state regulations, and how design or manufacturing flaws can cause unintended discharges or failures. They also tend to involve specialized experts and technical evidence that go beyond what is required in more common injury cases, such as car accidents or slip-and-falls.
Because of that complexity, attorneys who do not handle firearm-related cases may lack the background or resources needed to properly investigate the defect, work with qualified experts, or challenge manufacturers’ defenses.
At Wheeles Garmon, these cases are a key part of our practice, and we have the experience and resources to handle the technical investigation and expert-driven analysis they require.
Contact us to arrange a free legal consultation with a firearm defect lawyer who has the deep experience and in-depth knowledge to get results.