BIRMINGHAM GUN DEFECT ATTORNEYS

Defective Firearms & Ammunition

Gun defects remain common; however, manufacturers rarely issue recalls. Firearms are one of the only consumer products not regulated by the federal government. Therefore, manufacturers alone decide whether to recall a faulty gun, and many still prioritize profits over consumer safety. As a result, dangerous firearms often stay on the market.

Gun defects often cause catastrophic injuries and fatalities. If a defective firearm harmed you or someone you love, you should reach out to Morris Haynes Attorneys at Law. For more than 30 years, we have protected the rights of consumers in Alabama and across the nation. Moreover, our Birmingham gun defect attorneys have the experience and resources needed to pursue complex defective firearm litigation. Consequently, we can help you seek the fair compensation you deserve.

For a free, no-obligation consultation, call (205) 324-4008 or contact us online. today.

What is a Gun Defect?

A gun defect is any flaw or malfunction that makes a firearm unsafe or unreliable during normal use. These defects can occur during the design, manufacturing, or assembly process. As a result, they may lead to misfires, accidental discharges, or other mechanical failures. Because of this, gun defects create serious risks for owners and can result in life-threatening injuries.

Liability for gun defects may fall on several parties. Additionally, each party has specific responsibilities that can impact a victim’s right to compensation.

• Manufacturers: Manufacturers are typically the primary party responsible for firearm defects. When a defect arises from design flaws, poor materials, or improper manufacturing, the manufacturer may be liable. Furthermore, they must follow strict quality control standards to ensure firearm safety.
• Distributors and Retailers: Distributors and retailers may also share liability. For example, they may be responsible if they continue selling defective firearms or fail to warn customers about known recalls. Additionally, they must act responsibly when placing firearms into the stream of commerce.
• Importers: Importers may be liable when the firearms they bring into the U.S. fail to meet safety standards. Moreover, they must verify the safety of every firearm they import.
• Gunsmiths and Gun Modifications: Gunsmiths or individuals who modify firearms can be liable if their work leads to a defect. Therefore, anyone modifying a gun must comply with all safety rules to prevent harm.
• Government Agencies:

  Government agencies may bear liability only in rare situations. Although such cases are uncommon due to government immunity, they may face claims if they completely fail to enforce firearm safety regulations.

To hold any party liable, the injured person must prove:

• A defect existed

• The defect directly caused the injury

• The firearm was used as intended or in a foreseeable way

• The liable party acted negligently or failed to meet safety or legal standards

Examples of Common Gun Defects

According to the National Shooting Sports Foundation (NSSF), as many as 40% of new guns contain some type of defect. These issues may involve unsafe designs or defective components. Consequently, they can cause firearms to malfunction, often with deadly outcomes.

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

Moreover, recent lawsuits seek to hold gun manufacturers liable for improper marketing and labeling. One high-profile example involves the class action lawsuit against Remington after the 2012 Sandy Hook shooting. The case alleges that Remington created and marketed the Bushmaster rifle used in the tragedy and is therefore liable for the deaths of 20 children and 6 adults. In July 2021, Remington offered a $33 million settlement to the victims’ families. Although the amount fell below expectations, the case may set an important legal precedent for future claims involving firearm marketing.

How to Check Your Firearms for Recalls

Although firearms are not regulated by the federal government and are not subject to federal recalls, some manufacturers issue voluntary recalls. Therefore, you must stay alert for any recall notices affecting your firearms. If a gun has been recalled, do not use it. Continuing to do so could lead to serious injury.

You can check for recalls in several ways:

1. Contact the manufacturer directly

2. Use the U.S. Consumer Product Safety Commission CPSC’s website online recall database

Additionally, you should routinely check your ammunition and accessories for recall alerts to ensure safe operation.

How Morris Haynes Attorneys at Law Can Help

Our attorneys believe no one should fear injury from a firearm they rely on. Whether used for protection, sport, or recreation, defective firearms pose unacceptable risks. If a defective firearm injured you or someone you love, our team can help you pursue compensation from the responsible party.

Our Birmingham gun defect attorneys have the resources and skill to handle complex product liability cases against major manufacturers, such as:

• Armalite
• Beretta
• Browning
• Bushmaster
• Caracal
• Charter Arms
• Daniel Defense
• Desert Tech
• FMK Firearms
• FN • Glock
• Henry
• Honor
• Defense
• Howa
• IWI
• Kel-Tec
• Knight
• Lyman
• Mossberg
• Remington
• Rossi
• Savage Arms
• Sig Sauer
• Smith & Wesson
• Springfield Armory
• Sturm, Ruger
• Taurus
• Thompson/Center
• Thunder Beast Arms
• Walther
• Weatherby
• Winchester

This list is not exhaustive. Furthermore, our firm is fully prepared to pursue claims against any manufacturer or distributor of defective firearms, ammunition, or related products.

Request a Complimentary Consultation Today

Defective guns often cause severe injuries, permanent impairments, and lasting emotional trauma. Additionally, some families face the tragic death of a loved one due to a defective firearm.

Our Birmingham gun defect lawyers work to recover the maximum compensation for victims and their families. We not only hold negligent manufacturers accountable, but we also fight to ensure that every client receives the full compensation they deserve. While money cannot eliminate your pain or loss, it can help you access medical treatment, manage household expenses, and rebuild your life.

Call (205) 324-4008 or contact us online for a free consultation. There are no fees unless we recover compensation for you. Hablamos español.