ALABAMA GUN DEFECT ATTORNEYS
Gun Accidents & Defective Firearm Lawsuits
Firearms should never discharge unintentionally, but sometimes they do. A firearm becomes defective anytime it fires without the trigger being pulled. For example, a gun is defective if it explodes, fires when the slide is cycled, fires when dropped or struck against a hard surface, or fires when shaken or jostled.
When a firearm is defective, anyone who designed, manufactured, tested, imported, or distributed the weapon can face legal responsibility. Let Morris Haynes Attorneys at Law evaluate whether a poorly designed gun caused or contributed to the unintended discharge.
Extensive Experience, Skill & Resources At Your Service
Our Alabama gun defect accident attorneys provide the guidance and support you need to pursue your claim. Call us at (205) 324-4008 today to schedule a free initial consultation.
Challenges in a Defective Firearm Case
Guns are among the few consumer products that the federal government does not test. The gun industry is exempt from all federal safety and health regulations. This means federal agencies cannot require manufacturers to recall defective guns, ammunition, or accessories.
Unlike recalls for airbags or other car parts, gun owners must rely on manufacturers to issue recalls. Often, recalls may not occur before a defect becomes a dangerous problem.
The National Shooting Sports Foundation reports that up to 40% of new guns contain some degree of defect. Millions of Americans may have a firearm at home that poses a potentially fatal risk.
If you own a gun with a defect or experienced an unintended discharge, our law firm can represent you.
Our attorneys collectively have over 250 years of experience ensuring clients receive proper compensation. Gun defect cases may involve multiple parties along the manufacturing chain. Let us use our expertise to identify all responsible parties. Contact us for a free consultation
What Is a Gun Defect?
In 2010, at least two dozen deaths and more than 100 injuries occurred due to unintended discharges from defective firearms. While people often assume user error caused the discharge, the gun industry can also bear responsibility.
Design Flaw
A gun has a design flaw if it does not operate as intended. Examples include guns that fail to fire or fire when dropped. If someone is injured, the manufacturer may be held liable.
Defective Safety Features
Manufacturers may face liability if they fail to include reasonable safety features that protect unauthorized users, such as children or criminals. Safety features may also fail, which constitutes a defect. Likewise, guns with insufficient instructions or warnings are considered defective.
Negligence in Distribution or Manufacturing
Manufacturers and distributors can be held responsible for how they market or distribute firearms. Liability may arise if they allow certain individuals, like those with criminal histories, to obtain a gun.
Firearm Safety Tips
Even though defective firearms are a concern, always follow proper safety precautions:
- Know your target and what is beyond it
- Learn how your gun operates before handling it
- Wear the appropriate eye and ear protection
- Never use a firearm under the influence of drugs or alcohol
- Store guns so that they are not accessible to unauthorized persons
- Clean your gun correctly and safely
For more information regarding gun safety, visit gunsafetyrules.nra.org/
Gun Accident Cases
Consumers expect the products they buy to be safe. Unfortunately, that is not always true. Every day, news surfaces about new dangerous products. A defective firearm can be life-threatening.
Properly handled guns can serve in hunting, target shooting, or home protection. However, a poorly designed or defective gun can remain dangerous even when handled correctly. Morris Haynes Attorneys at Law has represented clients in these situations.
When a firearm discharges unintentionally, people often assume user error caused it. Do not make this assumption. We can evaluate whether a poorly designed or defective gun caused the incident.
Case Example
A 28-year-old Alabama man was severely injured when his PT111 9mm Millennium Taurus handgun fell and discharged. The gun was in a holster with the safety on. The internal striker block safety failed, allowing the firing pin to strike the bullet. The jury awarded $1.25 million, confirming that the defect caused the injuries.
When someone is injured or killed by a defective firearm, they may have a legal claim against the manufacturer or seller. Specialized experience is crucial in these cases. Morris Haynes Attorneys at Law regularly helps clients harmed by products they believed were safe.
Our track record in gun defect cases has earned respect from opposing counsel and established our reputation for excellence. These cases are expensive, but we have the resources to pursue valid claims, even against large corporations like Taurus International Manufacturing.
Note: Each case depends on its unique facts, and a successful outcome in one case does not guarantee results in another.
Price v. Taurus International Manufacturing, Inc., Et Al.
Bernalillo County, New Mexico. This lawsuit involves the unintended discharge (drop fire) of a Taurus PT140 Millennium Pro .40. On the evening of November 24, 2009, Mrs. Price took her family dog for a walk around the neighborhood. At the time, she was wearing a “Smart Carry” concealment holster carrying the subject Taurus PT140 Millennium Pro underneath her fleece shirt. It was Mrs. Price’s routine practice to carry the subject handgun in this manner.
After returning from the walk, Mrs. Price entered her bedroom closet to remove her shirt at which time the “Smart Carry” holster and the subject Taurus PT140 handgun fell to the closet floor and discharged upon impact. The bullet struck Mrs. Price in the lower abdomen, inflicting severe and permanent injuries.
The “striker block” safety mechanism in the subject Taurus PT140, should have been engaged, which would have prevented the subject handgun from firing in the case of an accidental drop.
The “striker block” safety is designed to be engaged at all times, up until the trigger is pulled, and its purpose is to prevent just such a “drop fire”. As a result of this incident, Mrs. Price has had to undergo lengthy and extensive surgical treatment and has suffered from post-surgical complications.
Morris Haynes Attorneys at Law Files Unintended Gun Discharge Case Against Taurus – Price v. Taurus International Manufacturing, Inc.
Bernalillo County, New Mexico – Mrs. Price carried a Taurus PT140 Millennium Pro in a “Smart Carry” holster. The handgun fell in her closet and discharged, striking her lower abdomen. The striker block safety, designed to prevent accidental discharge, failed. Mrs. Price required extensive surgery and experienced complications.
Maroney v. Taurus International Manufacturing, Inc.
Verdict: $1,250,000 (Etowah County Circuit Court, 2009) – A 28-year-old man suffered severe injuries when a PT111 9mm Millennium Taurus handgun fell in his garage. The safety mechanism failed, causing the gun to discharge and injure vital organs.
Representatives of Taurus confirmed over 100,000 of these handguns are on the U.S. market. Morris Haynes hopes this verdict encourages Taurus to recall defective guns and ensure safety mechanisms function properly.
Basic Information on Gun Recalls
The gun industry is exempt from federal safety regulations. No agency can force manufacturers to recall defective guns, ammunition, or accessories. Gun owners must rely on manufacturers to issue recalls.
Many defective guns are not recalled promptly, or manufacturers fail to provide clear information, which can result in further injuries. The National Shooting Sports Foundation reports that up to 40% of new guns contain defects. Millions of gun owners may own potentially defective firearms.
If you or a loved one suffered a gun defect-related injury or death, contact contact Morris Haynes Attorneys at Law at (205) 324-4008. We will guide you on how to proceed with your claim.