Gun Manufacturer Liability in Shooting Accidents

February 6, 2018 — by Mark T. Flickinger, JD
Tags: Firearm Accidents Product Liability

Two handgunsWhen a product causes injury to consumers who are using it safely, it’s important that the company responsible for the product be held accountable for any injuries that occur. This goes for everything from automobiles to consumer electronics. It also cover firearms.

The lawyers at our Provo, UT law firm would like to consider firearm accidents caused by various defects. In such cases, it’s important that the gun maker be held accountable. Let’s cover some of the basics about these cases and the legal challenges of taking on gun makers.

Firearm Design Defects

Sometimes a gun misfires as a result of poor design. These defects mean that the weapon is inherently dangerous because of its design features. Even if the gun is handled safely, the risk of an accidental shooting or injury is higher.

Firearm Manufacturing Defects

Manufacturing defects with firearms mean that the gun is otherwise safe, but a problem during the manufacturing process has led to safety problems. The wrong materials may have been used for different parts of the weapon. There may also be problems with quality control that allow poorly manufactured weapons onto the market.

Lack of Sufficient Firearm Warnings

Guns that have certain features may require extra warning for consumers. Failure to notify gun owners of these risks could result in accidental shootings and even fatal injuries.

Extremely Sensitive Triggers

When guns have hair triggers, it’s important that consumers be given fair warning. Knowing that extra caution is necessary when handling the firearm can mean the difference between safe use and an accidental shooting.

Safety Malfunctions

Many firearms have a safety that helps prevent unintentional discharge and accidental shootings from occurring. There are times when these safeties fail, resulting in serious harm.

Increased Risk of Misfire

Some firearms are more like to misfire than others, whether a result of design or problems in manufacturing. Even people who are using these gun responsibly may wind up experiencing an accidental discharge simply because of these issues.

Increased Risk of Backfire

While very rare, a gun can potentially backfire if there is a problem with he gun barrel or general design. These kinds of malfunctions can lead to injuries for the person holding the gun as well as people nearby.

Increased Risk of Slamfire

Slamfire occurs when a gun fires when a bullet is in the chamber but without the trigger being pulled. This can be the result of a floating pin or other problems with the firearm or the ammunition.

The Challenges of Taking on Gun Companies

While gun companies can be sued for negligence, these kinds of cases can be challenging since gun companies have special legal protections in place thanks to the Protection of Lawful Commerce in Arms Act, or PLCAA, which became law in 2005. In addition to the PLCAA, gun companies have powerful legal teams in place, which makes legal challenges of all kinds difficult.

How Our Attorneys Can Help

The lawyers of Flickinger Sutterfield & Boulton will not be intimidated by companies, their legal teams, or any kind of special interest. Our focus in on the lives and livelihoods of our clients. After assessing the nature of your case, we will offer expert counsel concerning your legal options. While we focus on the filings and evidence, you and your family can focus on moving forward with life. This legal peace of mind can prove invaluable.

Contact the Lawyers of Flickinger Sutterfield & Boulton

For more information about your legal options following an accidental shooting, be sure to contact our team of product liability lawyers. The attorneys of Flickinger Sutterfield & Boulton stand by injury victims and their loved ones.