Birmingham Gun Defect Attorneys
Defective Firearms & Ammunition
Despite the prevalence of gun defects, recalls are uncommon. This is because firearms are one of the only consumer goods not regulated by the federal government. As such, the decision to recall faulty firearms is left solely up to the manufacturer—and many fail to prioritize consumer safety over profits.
Sadly, gun defects often cause catastrophic bodily injuries and fatalities. If you or someone you love has been harmed by a defective firearm, reach out to the team at Morris Haynes Attorneys at Law today. For more than 30 years, we have stood up for the rights of consumers throughout the state of Alabama and nationwide. Our Birmingham gun defect attorneys have the experience and resources to pursue defective firearm litigation on your behalf, allowing you to seek the fair compensation you are owed.
What is a Gun Defect?
A gun defect refers to a flaw or malfunction in a firearm that makes it unsafe or unreliable to use as intended. These defects can arise during the manufacturing, design, or assembly processes of firearms and can manifest in various ways, such as misfires, accidental discharges, or other mechanical failures. Gun defects pose a significant risk to gun owners and can result in serious injuries or fatalities if they lead to accidents or unintended firing.
Liability for injuries caused by gun defects can be attributed to various parties involved in the gun's production and distribution process. Here are some potential parties who may be held liable:
- Manufacturers: Gun manufacturers are typically the first and most obvious party to be held liable for defects in their products. If a defect arises from a flaw in the design, materials, or manufacturing process, the manufacturer may be responsible for any resulting injuries. Manufacturers are expected to adhere to strict quality control standards to ensure the safety of their firearms.
- Distributors and Retailers: Those involved in the distribution and sale of firearms, such as wholesalers, retailers, and dealers, may also bear some liability. If they are aware of a defect or recall but fail to inform customers or continue selling defective firearms, they could be held responsible for injuries that occur as a result.
- Importers: If the firearm was imported from another country, the importer may share liability for defects in the guns they bring into the market. Importers are expected to ensure that the firearms they import meet safety standards.
- Gunsmiths and Gun Modifications: In some cases, gunsmiths or individuals who modify firearms may be held liable if their work leads to a defect that causes harm. It's crucial for anyone altering firearms to do so in compliance with relevant laws and safety standards.
- Government Agencies: In rare cases, government agencies responsible for firearm regulation and oversight may be held liable if they failed to enforce safety regulations or did not adequately inspect firearms. However, this is relatively uncommon, as governments typically have immunity from liability to some extent.
To hold any of these parties liable for injuries resulting from a gun defect, the injured party (or their representative) would typically need to demonstrate:
- That a defect existed in the firearm.
- The defect was a direct cause of the injury.
- The firearm was being used as intended or in a reasonably foreseeable manner.
- Negligence or failure in fulfilling legal responsibilities by the liable party contributed to the defect or injury.
Examples of Common Gun Defects
According to the National Shooting Sports Foundation (NSSF), as many as 40 percent of all new guns have some type of defect. These defects include design flaws, which render firearms inherently unreasonably unsafe for normal use, and defective components, which may cause affected guns to malfunction. This can have very serious and potentially deadly consequences for the user.
Some examples of common gun defects include:
- Guns firing when dropped (“drop fires”)
- Failure to fire and misfires
- Unintentional discharge
- Faulty trigger safety mechanisms
- Defective chamber indicators
- Incomplete or delayed discharge
- Premature discharge
- Extract failures
- Case head separation
Recent litigation has also sought to hold gun manufacturers accountable for improper marketing and labeling of firearms. One high-profile case is the class action lawsuit that has been filed against Remington following the deadly 2012 Sandy Hook mass shooting. The lawsuit alleges that the now-bankrupt firearms manufacturer, which created and marketed the Bushmaster assault-style rifle used in the shooting, is liable for the deaths of 20 children and 6 adults. In July of 2021, Remington offered a settlement of $33 million to the families of the victims. Though this is far below the expected amount, it could serve to set a precedent for similar cases involving firearms marketing and mass shootings.
How to Check Your Firearms for Recalls
Although firearms are not regulated by the federal government and, therefore, not subject to federal recalls, some manufacturers do issue voluntary recalls for faulty and defective guns, ammunition, and other related products. It is important that you are aware of any recent recalls that may affect guns you own. If one or more of your firearms has been recalled, do not use them.
You can check whether any of your guns, ammunition, or accessories have been recalled directly with the manufacturer. You can also use the U.S. Consumer Product Safety Commission (CPSC) website to search the available consumer product recall database. Click here to visit the CPSC’s website.
How Morris Haynes Attorneys at Law Can Help
Our attorneys believe that no one should have to fear being injured by something they trust to protect them or simply enjoy as a hobby. If you or someone you love has been affected a defective firearm, we can help you seek fair compensation from the liable party.
Our Birmingham gun defect attorneys have the experience and resources to handle complex product liability ligation against major firearms manufacturers, such as:
- Charter Arms
- Daniel Defense
- Desert Tech
- FMK Firearms
- Honor Defense
- Savage Arms
- Sig Sauer
- Smith & Wesson
- Springfield armory
- Sturm, Ruger
- Thunder Beast Arms
Please note that this is not an exhaustive list; our firm is prepared to take legal action against any manufacturer or distributor of defective firearms, ammunition, or related accessories and products.
Request a Complimentary Consultation Today
At Morris Haynes Attorneys at Law, we realize that defective guns can have serious consequences for users. You may be suffering from significant injuries, lasting disfigurement or scarring, and even permanent impairments. You could even be dealing with the tragic death of a loved one due to a defective firearm or related product.
Our Birmingham gun defect lawyers understand the importance of recovering maximum compensation for victims and their families. We fight to not only hold liable manufacturers accountable but also to ensure that our clients receive every penny they are owed. While this cannot undo the pain, suffering, and trauma you have endured, a fair settlement or verdict can allow you the ability to obtain necessary medical treatment, manage everyday expenses while out of work, and secure the monetary resources you need to heal and move forward with your life.