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This is based on figures provided by the Centers for Disease Control and Prevention (CDC) Web Based Injury Statistics Query and Reporting System (WISQARS), which show that accidental gun fatalities fell by 43 percent in America from 2001 to 2018. Gun ownership has not declined. The Washington Post in 2017 published that there were more than 393 million civilian-owned guns in the United States. Fox Business reported in May 2020, amid the COVID-19 pandemic and racial tensions, an 80% increase in gun sales over the same period a year earlier.
Gun defects can occur throughout the entire distribution chain due to the huge demand. This includes factory, design, and mechanical mistakes. A firearm is considered defective if it recoils, erupts, or misfires and causes harm.
Defective firearm suits shield victims of dysfunctional firearms. The law of defective firearm lawsuits is complex since it incorporates local, federal, and state jurisdictions. Federal law controls the making, selling, and possession of firearms.
Let a qualified gun defect attorney handle the legal intricacies if you, or a family member, have been hurt by a faulty gun. Contact W. Lee Clark & Associates’ leading defective gun law firm by calling (941) 207-7477 or completing the case form.
Defective Firearms and Product Liability
The Protection of Lawful Commerce in Arms Act outlines the product liability in relation to defective firearms. In 2005, the PLCAA was made federal law to prevent civil liability for damage caused by misuse of firearms or ammunition by users. The code holds manufacturers responsible for injuries, property damage, or deaths caused by defects in the design or manufacturing of a firearm when used in a reasonable or regular manner. If the malfunctioning discharge was caused by a criminal act, the manufacturer or designer is not liable. PLCAA may not be the only law that can impact a lawsuit for product liability. Firearm laws vary by state, and they are separate from federal laws. Gun defects can fall under tort law.
A defective firearm product liability lawsuit or claim can provide you with legal protection against errors made during the design or manufacturing phase of a gun and ensure that you receive compensation for any injuries or losses resulting from the defective firearm.
Common Firearm Defects
When a firearm fires without pulling the trigger, it is termed as being faulty. There are many mechanical components present in firearms that increase the chances of defect and malfunction. Two frequent firearm defects that make guns discharge upon dropping or bumping include the safety catch and trigger assembly. A barrel failure is another common defect, in which the rounds are still inside the gun after being shot and loaded. This can lead to delayed or incomplete discharges or even the firearm’s explosion. Ammunition itself can also be defective, such as a dud round that will not fire because of a design or manufacturing defect.
Gun manufacturers in a lawsuit for defects can be held responsible for failure to warn if they knew of a defect in the gun but did not alert the public.
Defective Gun Injuries
The following can be caused by firearm defects, including those in rifles, shotguns or handguns:
- Bruising
- Wounds
- Loss of limbs
- Hemorrhaging
- Traumatic brain injury
- Paralysis
- Death
Defective Firearm Lawsuits
The Consumer Product Safety Act (CPSA) safeguards most consumers against defective products. The CPSA can make recalls and prohibitions on defective products. Keep in mind that the CPSA does not include firearms. The Protection of Lawful Commerce in Arms Act, or the Bureau of Alcohol, Tobacco, Firearms and Explosives, cannot recall or prohibit a defective firearm. The company that makes the firearms is responsible for recalling and banning the guns.
It is important to note that a defective gun lawsuit is more than just a means of recovering damages. It is also a way for you to pursue justice. These lawsuits can help prevent future gun defects, wrongful death, and injuries. Call (941) 207-7477 or fill out the form below to speak with a skilled personal injury attorney and initiate your defective firearm lawsuit.
Who Can Be Held Liable in Defective Gun Lawsuits?
The defendant knew the law, the type of defect, where the defect arose in manufacturing the firearm, and the knowledge of the defect can influence who is responsible for an injury or death. In the event a rifle or shotgun is defective, the designer, manufacturer, importer, marketer, and distributor all have liability.
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What Kind of Evidence Do I Need for My Product Liability Case Against a Faulty Firearm?
If strict liability is proven, damages can be recovered in a defective gun lawsuit. Elements of proof could include:
- There is a manufacturing or design flaw in the firearm
- A manufacturing or design defect was present at the time that the designer or manufacturer manufactured, distributed, or sold the firearm
- A manufacturing or design defect made the firearms more dangerous than a normal firearm user would have expected, along with any knowledge or experience that the user may have had with the weapon
- Injuries claimed were caused by a defect in the product design or manufacturing.
Product Liability Damages for Gun Defects
In product liability cases, the victim can recover compensatory damages.
- Lost Wages
- Medical costs
- Disability costs
- Repair or replacement of property expenses
- Pain and suffering
Punitive damages can also be awarded as a punishment to the defendant. These are usually based on a financial basis.
Past Defective Firearm Lawsuits
The United States Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) indicated in 2019 that there were over 8 million firearms manufactured in the United States in 2017. That number does not account for over 4.4 million that were imported throughout the same period. Imports feature models produced by well-known gun makers like Sig Sauer and Glock. Several of the most widely known and esteemed gun makers were party to a lawsuit for a faulty shotgun, handgun, or rifle.
- Remington
- Taurus
- Smith & Wesson
- Sturm, Ruger & Co.
Find the Best Gun Defect Attorney
The first thing to do in the event of an injury or death due to a defective gun is to ensure safety and health. A gun defect lawyer can then help determine the best way to recover damages and can remove the burden of legal proof so that the victims can focus on healing.
The defective firearm lawyer must have the experience and knowledge necessary to tackle mammoth corporations and cases like these, where laws can be either federal, state, or local. By choosing a law firm that has lawyers who specialize in defective firearm lawsuits, you increase your chances of getting the maximum compensation and justice.
W. Lee Clark & Associates
W. Lee Clark & Associates is an international network of top attorneys and law firms that specialize in specific practice areas. W. Lee Clark & Associates is committed to bringing those responsible for wrongful death or injury to justice by providing legal representation, medical resources, and community support to those who have been unfairly injured. Call W. Lee Clark & Associates at (941) 207-7477 today or complete the form below for the help you need.
