Cok Kinzler: Gun Malfunction? It May Not Be Your Fault - Cok Kinzler

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Gun Malfunction? It May Not Be Your Fault

November 09,2021

From misfires to unsafe use, a lot can go wrong with guns. But when a gun fires in an accident, causing injury, it’s not necessarily the fault of the person holding the firearm. There are several ways that guns can malfunction, not at all relating to user error. And when that’s the case, you may be able to seek compensation for your injuries from the party at fault. Here are some common types of gun-related incidents that may warrant a lawsuit.

Malfunction Due to the Design

A flawed design can lead to problems down the line with a firearm. For 9 year old Gus Barber it was a fatal problem. A Remington Model 700 discharged and killed him while hunting in Montana. The gun discharged without the trigger being pulled. Factors like this can play a dangerous role in gun accidents.

Manufacturing Problems

With so many complex parts, it’s possible that something can go amiss at the manufacturing level. That might include a safety failure, faulty accessories, a barrel failure, or a defective chamber indicator.

A delayed discharge could mean that the gun doesn’t fire right after the trigger is pulled, sometimes taking minutes or longer. A squib load refers to what can happen when a round gets stuck inside the barrel of the gun, sometimes causing it to explode if another round is discharged after and hits the first. Any of these and other issues could lead to an accident that may be the fault of the manufacturer.

Lack of Necessary Warnings

It’s obvious that guns can be dangerous, but that doesn’t mean a gun producer doesn’t have the responsibility to attach necessary warnings before they sell a product.

And when a known issue occurs, gun manufacturers have a responsibility to appropriately advertise recalls and fix the problem. If they don’t, they may be held liable for accidents resulting from that negligence.

Ammunition Problems

After a gun-related injury, you might find yourself looking to an ammunition issue to find the cause of the incident. Some of the more common problems include ammo exploding in gun barrels, as well as ammo case head separation, which can lead to the case getting stuck in the chamber. Issues with ammunition can be just as much to blame in an accident involving a firearm, and you might need to look to the particular manufacturer for amends.

Don’t leave yourself wondering after a firearm-related accident. Seek guidance from top product liability lawyers at Cok Kinzler, and determine if you are entitled to restitution for injuries. Find justice where the fault lies. Get in touch for your free consultation.