What Happens If a Gun Malfunctions and Causes Injury?

When a firearm is maintained and handled according to standard safety rules, gun owners expect it to operate as it should. However, mechanical defects, design flaws, and manufacturing errors can lead to injury. When this happens, you may wonder when and if you can file a defective gun lawsuit in Alabama.

At Morris Haynes Attorneys at Law, we have been involved in several gun defect lawsuits and are aware of the challenges that can surround them. We have been successful for our clients and continue to represent injured parties in these cases.

If you or a loved one suffers an injury due to a firearm failure, understanding how product liability laws work, how to preserve vital evidence, and how legal protections apply is critical. 

Let’s take a closer look at these issues.

Common Firearm Malfunctions and Defects

Firearm injuries caused by equipment failure typically fall under product liability law rather than simple negligence. Unlike most consumer products, firearms are exempt from federal Consumer Product Safety Commission (CPSC) oversight. This means mandatory federal recalls do not exist for defective guns. Accountability relies almost entirely on civil litigation and voluntary manufacturer recalls.

Defects generally stem from three areas:

Design Defects 

Design defects impact an entire line of firearms. Examples include weapons prone to discharging when dropped or struck or safety switches that disengage unexpectedly.

Manufacturing Defects

These include issues arising during assembly or production that make an individual firearm dangerous. Cracked chambers or incorrectly installed components are considered manufacturing defects.

Failure to Warn

This is when a manufacturer has not warned consumers about known dangerous tendencies involving a firearm. 

Crucial Steps to Take After a Firearm Injury

Building a viable claim requires prompt action to protect both your health and the physical evidence. Taking these crucial steps is important:

• Seek Immediate Emergency Medical Care: Your health and safety come first. Complete medical documentation serves as the baseline proof of injury in any legal claim.
• Preserve the Firearm and Ammunition: Do not clean, disassemble, or attempt to repair the firearm. Keep the gun, spent shell casings, unfired ammunition, and any broken pieces exactly as they were.
• Document the Scene and Details: Take detailed photographs of the firearm, surrounding property damage, and your injuries. Write down what happened immediately while details are fresh.
• Avoid Manufacturer Communication Without Representation: Gun manufacturers often launch quick investigations to blame user error. Avoid sending the weapon back to the manufacturer for inspection before speaking with an attorney.

Filing a Defective Gun Lawsuit in Alabama

If you are filing a defective gun lawsuit in Alabama, your case will likely be governed by the Alabama Extended Manufacturer’s Liability Doctrine. If so, you must establish that the firearm was sold in a defective condition that rendered it unreasonably dangerous. You must also prove that the gun reached the user without substantial modification from its original manufacturing condition. Finally, there must be evidence that the defect directly caused the injury during intended or reasonably foreseeable use.

At Morris Haynes, you can count on our firm to work diligently to represent you and work to provide the needed evidence in a defective gun lawsuit in Alabama.

The Hurdle of Contributory Negligence

One factor making an Alabama firearm claim particularly complex is the state’s strict contributory negligence standard. Under Alabama law, if the defense proves that the injured person was even 1% at fault, the victim can not seek compensation.

Manufacturers frequently argue that an accidental discharge was caused by operator error rather than mechanical failure. Disproving this through clear evidence and expert witness testimony is key to winning these types of cases.

FAQ

Does the Protection of Lawful Commerce in Arms Act (PLCCA) protect manufacturers from liability?
The PLCAA does not protect manufacturers against defective products. The PLCAA is a federal law that protects firearm manufacturers and sellers from lawsuits when a gun is used in a criminal act or intentional misuse.

How does modified or aftermarket equipment affect a malfunction claim?
If you modified the firearm, the manufacturer may argue that the modification altered the weapon’s intended performance or caused the failure. If the modification directly caused or contributed to the malfunction, the manufacturer may be cleared of liability. If the modification was unrelated to the defect, the manufacturer can still be held liable for the defect.

What if the malfunction was caused by bad or remanufactured ammunition?
A firearm malfunction caused by ammunition failure is often classified as an ammunition defect rather than a firearm defect. Common issues include overcharged rounds, hangfires, or misfires. If factory ammunition was defective, the ammunition manufacturer can be held liable. 

Statute of Limitations and Potential Compensation

In Alabama, injured parties generally have two years from the date the injury occurred to file a claim. For wrongful death claims resulting from a fatal malfunction, the two-year window typically begins on the date of passing.

Injured parties may seek compensation for: 

• Medical expenses
• Lost wages and reduced future earning capacity
• Physical pain, suffering, and emotional trauma
• Permanent disability or disfigurement

The team at Morris Haynes Attorneys at Law can fight for this compensation in a defective gun lawsuit in Alabama. We will ensure that physical evidence is secured, forensic testing is conducted, and your rights are fully protected. Contact us today for a free consultation.

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