All guns should be treated as if they are loaded and the safety is off, as all responsible gun owners are taught. But when it comes to handling your gun that you are familiar with, there is nothing to protect you from a misfire except sheer luck. A defective weapon is deadly in the hands of the most experienced and responsible shooter. Guns, ammo, and weapons face the same product recall as anything else that consumers can buy off the market, except that guns are inherently dangerous and can bring life-threatening injuries.
If an injury or wrongful death is caused by a defective weapon, then you can file for a product liability case. If you or a loved one has been injured by a gun misfiring or malfunctioning in any way, know that you have rights and legal options. Falcon Law Group is committed to helping your family navigate the complex legal terrain of these lawsuits and providing any compensation you are entitled to.
Understanding Gun Misfires
A gun misfire doesn’t necessarily mean that the gun discharged or fired a bullet without being shot. A misfire of a weapon has almost become a broad term for different weapon malfunctions that potentially cause life-threatening injuries.
When a gun misfires, it means that when you pull the trigger to discharge a bullet, there is an audible click, and no bullet is fired. The primer does not ignite the powder within the cartridge and is a failure to fire. This type of misfire in a weapon generally concerns the ammunition. If you think that your gun misfired, you need to stop what you are doing and wait about 20-30 seconds while pointing the weapon in a safe direction in case it is a hangfire. Then, you can clear the misfire, check the barrel, and clean your gun.
Misfire vs. Malfunction: What's the Difference?
When a gun goes through a misfire, the best case scenario is that you clear the weapon and keep firing. When there is a true malfunction or an accidental discharge, the consequences can be deadly. Distinguishing between a misfire and a malfunction can make the difference in the type of lawsuit you must pursue regarding liability or wrongful deaths.
Protecting Yourself from Defective Gun Malfunctions
Your firearm’s reliability and readiness are essential in a high-stakes situation, but even the best-maintained firearms can experience malfunctions. Knowing how to identify and correct these scenarios can be the difference when seconds count, or even mistakes are made on the range. From handling errors, mechanical wear and tear, or defects, there are a few malfunctions and misfires that you can face, but a responsible gun owner will be able to take the time to recognize them.
Understanding the root causes of malfunctions can help you prevent them.
Safe and reliable firearm use depends on adhering to these essential guidelines:
- Regular gun maintenance and cleaning
- Investing in quality ammo
- Strong and controlled handling of your weapon
- Inspecting, testing, and purchasing new magazines as needed
- Training for malfunctions
- Researching and purchasing from reputable gun manufacturers
The key to staying safe with firearms is preparedness. While nothing can prepare you and your family for a catastrophe, you can avoid preventable injuries due to poor quality or maintenance. In times of tragedy, you need an attorney to provide your family with compassionate and experienced representation.
Common Causes of Gun Malfunctions
Common malfunctions can happen with any firearms; most can be avoided with proper handling, care, and cleaning of your weapons. Other times, the misfires and malfunctions can be deadly.
Common firearm malfunctions that cause harm are:
- Misfires: When the trigger is pulled and the weapon doesn’t fire.Â
- Hangfires: When the trigger is pulled, and the firearm is delayed in firing.Â
- Squib loads: When the trigger is pulled, and there is not enough force for the bullet to exit the chamber.
- Accidental discharge: A true mechanical malfunction when a gun goes off randomly, such as if dropped.
- Negligent discharge: A firearm that has been fired involving the carelessness of those who handled it.
When it comes to firearms, there are many distinctions and differences in the malfunctions that can cause life-threatening harm. Regardless of how a weapon was fired, there is liability for those who caused harm or even wrongful death to another.
If you or a loved one has been injured by a weapon that was carelessly fired or malfunctioned, a gun injury lawyer can help you during this difficult and confusing time.
Holding Manufacturers Accountable for Defective Guns
Gun manufacturers can be held accountable for any damages, injuries, or wrongful deaths that happen if they produce a defective weapon. However, it is a complex process with federal protections for the gun manufacturer and the seller. Civil immunity exceptions exist, such as when a manufacturer’s defective weapon causes death or injury.
Product liability laws do not work the same with firearms as with other product liability lawsuits. The Protection of Lawful Commerce in Arms Act shields the gun industry, a federal law that prevents lawsuits when a firearm was used unlawfully but worked as intended.
When a weapon misfiring or malfunctioning has injured you or someone you love, you must work with an experienced legal team to file a product liability lawsuit. These liability lawsuits are the only way to hold gun manufacturers accountable for their products harming others.
Proving a Defective Gun Case
When it comes to proving that the gun was defective, you will need a strong legal team that is experienced in product liability, wrongful death, and injury. You will need to prove that there was a direct link between the defect in the gun and how it caused the injury.
The main elements in proving your case are:
- Improper manufacturing leading to a design defect
- Inadequate warnings regarding potential dangers
- Proving the correlation between the misfire and the injury
With expert testimony, physical evidence, and the manufacturing history, your attorney can hold the gun manufacturer accountable, and your family can receive compensation. When it comes to a wrongful death, there is nothing that can amount to the loss of your loved one, but if you do not have to face this legal battle alone. With Falcon Law, we can help guide your family through this crucial time to ensure that you do not face the financial strains of losing your loved one.
Seek Legal Counsel if Injured by a Defective Gun
Around 500 people are killed in a year from firearms that are accidentally or unexpectedly discharged, and in some cases, they were a direct result of a defective weapon. Navigating the legal cases of defective firearms requires specialized knowledge and experience that Falcon Law can bring to your case. These cases are about accountability and financial compensation while your family is suffering, and our legal team can help advise you on your claims.
Contact Falcon Law today so we can support you while your family heals.
