There is no such thing as a “minor” gunshot wound. When a bullet strikes a person’s body, the damage is always serious, debilitating, and catastrophic. Firearm malfunctions can cause devastating injuries such as gunshot wounds, severe hand and limb trauma, head or facial injuries, injuries to bystanders, and even fatalities. Many times, an injury from a gunshot wound is permanent.
Wheeles Garmon represents individuals harmed by defective firearms and malfunction-related incidents. We take a detailed, evidence-driven approach, examining the firearm and surrounding circumstances, consulting with qualified experts when needed, and building product liability claims aimed at recovering full compensation.
When a gun fires unexpectedly or fails to operate as intended, the issue may trace back to a design flaw, a manufacturing error, inadequate consumer warnings, or another form of negligence. Many personal injury firms do not regularly handle cases related to firearm malfunctions and lack the technical knowledge required to successfully litigate these claims. Our attorneys fully understand the technical and legal issues these cases present and work to hold every responsible party accountable for putting an unsafe product into circulation.
Common Injuries Caused by an Accidental Discharge of a Firearm
An accidental discharge can happen without warning, often at close range, which increases the likelihood of severe harm or fatality.
- Gunshot wounds to the hands or legs: These are common when the firearm is being handled, carried, holstered, or unloaded. Injuries can involve shattered bones, torn tendons, nerve damage, and loss of function.
- Abdominal or chest injuries: A round to the torso can damage internal organs and major blood vessels, often requiring emergency surgery and lengthy recovery.
- Facial or head injuries: These injuries can be catastrophic, with lasting effects on vision, hearing, cognition, and appearance.
- Injuries to bystanders: When a firearm discharges unexpectedly, family members, passengers, and nearby individuals can be struck directly or harmed by ricochet and fragmentation.
- Psychological trauma after a firearm malfunction: Even when physical wounds heal, many people experience anxiety, sleep disruption, hypervigilance, and fear around firearms or everyday activities tied to the incident.
If the discharge was caused by negligence, such as a design defect, manufacturing error, or inadequate warnings, a claim may seek compensation for:
- Medical treatment and future care
- Lost income and reduced earning capacity
- Pain and suffering
- Scarring or disfigurement
- Emotional distress
In fatal cases, the family may be eligible to bring a wrongful death claim.
Who Is Liable for a Firearm Injury?
While these claims are fact-dependent and every case is unique, liable parties in a gun malfunction injury claim may include:
- Manufacturer: Responsible for defects in the gun’s design, materials, or assembly.
- Distributor or retailer: May be liable for improper handling, storage, or failing to warn about known risks.
- Ammunition or accessory makers: Liable if defective ammo or aftermarket parts cause malfunctions.
- Maintenance or gunsmith services: May be held responsible for improper repairs or alterations.
An experienced firearm injury lawyer at our firm can examine the circumstances of your claim to help you explore all potential sources of compensation.
Common Types of Firearm Malfunctions and the Injuries They Cause
Defects in a firearm’s design or manufacturing can cause dangerous malfunctions even when the gun is used responsibly, sometimes resulting in severe injuries or worse. Our experienced defective firearms attorneys understand the mechanical and engineering issues that can cause these failures, and we know what evidence is typically needed to determine whether the problem points to inadequacies with design, manufacturing, warnings, ammunition, or maintenance.
Accidental Discharges
An unintended discharge occurs when a firearm fires without the user or gun owner intentionally pulling the trigger. These events are often associated with situations like loading or unloading, holstering, chambering a round, disengaging a safety, or routine handling where the user does not expect the gun to fire.
Common injuries from accidental discharges include gunshot wounds to the hands, legs, or torso, and injuries to nearby bystanders.
Misfires and Hangfires
A misfire is when the trigger is pulled and the round does not fire. A hangfire is a delayed ignition, where the cartridge fires after a brief pause. These often occur at the range or during routine use, and the danger increases when a user reasonably believes the firearm did not fire and begins to clear the weapon. Both events can create an over-pressurization of the chamber of the firearm that can cause the gun to explode, injuring the user.
A proper investigation looks at both the firearm and the ammunition lot involved, because either can be the source of the failure. Common injuries include burns, eye injuries, and lacerations from unexpected ignition or a ruptured cartridge during clearing.
Drop-Fire and Impact Discharge
How many times have you dropped your keys or your cell phone? Unfortunately, as human beings, we drop things all the time, even though we don’t mean to. The same can be said for firearms. Though a responsible gun owner or user never intends for their firearm to be dropped, it does happen. Gun manufacturers know this and understand it is foreseeable that a responsible gun owner may unintentionally drop their product. For that reason, some gun manufacturers install trigger safeties intended to prevent the gun from firing without the trigger being pulled if dropped. A “drop-fire” occurs when the trigger safety does not work and is defective.
A drop-fire or impact discharge occurs when a firearm fires after being dropped or struck. These incidents often arise during routine carrying, storage, removal from a vehicle, or other handling where an impact is possible.
These cases typically focus on whether the firearm was designed and tested to prevent firing from foreseeable drops and impacts. Common injuries include close-range gunshot wounds, often affecting the lower extremities or feet during carrying and handling, but can also include injuries to the torso and vital organs if the firearm discharges with an upward bullet trajectory.
Out-of-Battery Discharge
An out-of-battery discharge occurs when a firearm fires before the action is fully closed and locked. This is most often discussed with semi-automatic firearms and can involve high pressures in a state the firearm is not designed to contain.
Common injuries include blast-related hand and facial trauma from escaping gases, metal, and fragmented components.
Feeding, Extraction, and Ejection Failures
These malfunctions involve failures to chamber a round, extract a spent casing, or eject reliably. They often occur repeatedly and can create unsafe handling situations, especially if the user attempts to clear the firearm quickly.
Common injuries include burns and lacerations during malfunction clearing, along with injuries from an unexpected discharge while manipulating the action.
Structural Failures and Component Breakage
Structural failures occur when a firearm cracks, ruptures, or breaks under expected use. This category includes issues like barrel or chamber failures, cracked frames, and failures of critical parts.
Common injuries include deep cuts, fractures, and eye injuries caused by shrapnel or high-pressure component failures.
How Wheeles Garmon Helps Victims of Firearm Injuries
Gun malfunction cases often turn on small technical details. As your legal allies, Wheeles Garmon can thoroughly investigate the circumstances of your injury and determine if the incident points to common firearm defects, ammunition problems, improper servicing, or another cause.
When appropriate, we work with experts and law enforcement professionals to build strong cases. Our own background in law enforcement and four decades of legal experience also give us valuable insight when putting together strong and compelling cases on behalf of our clients.
As your attorneys, we will guide you through every step of the claims process, from gathering evidence and filing paperwork to negotiating with insurance companies and, if necessary, standing up for your rights in court.
At Wheeles Garmon, our goal is not only to secure the maximum compensation our clients deserve, but also to give them peace of mind during an overwhelming and stressful situation.
Contact Us Today to Speak with a Firearm Injury Lawyer
You don’t have to face this complex legal matter alone. An experienced firearm injury attorney at our law firm is here to help you explore your legal options and fight for the compensation you deserve. Contact us to arrange a free consultation with a knowledgeable member of our legal team.