From firearm malfunction 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. Sometimes it's an issue with the product, and when that’s the case, you may be able to seek compensation for your injuries from the party at fault. Here are the four common types of gun malfunction incidents that may warrant a lawsuit.
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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.
With so many complex parts, it’s possible that something can go amiss at the manufacturing level. Issues 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 a gun malfunction accident that may be the fault of the manufacturer.
It’s obvious that guns can be dangerous, but gun producers still have the responsibility to attach necessary warnings before they sell a product. When a known issue occurs, gun manufacturers also 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.
After a firearm malfunction injury, you might find yourself asking if the ammunition caused 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 if you're at fault after a firearm-related accident. Seek guidance from top product liability lawyers at Cok Kinzler to determine if you are entitled to restitution for injuries. Find justice where the fault lies. Get in touch today for your free consultation.
