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Defective Handguns

Gun safety defects are very common. The National Shooting Sports Foundation (NSSF) acknowledges that 40 percent of all new guns contain some type of defect. Many firearms contain defects in design or manufacture making them likely to unintentionally discharge, sometimes when simply jarred or shaken.  Recently, there have been many reports of defective handguns firing when dropped. These occurrences of “drop fires” are particularly concerning and dangerous. However, the gun industry’s lack of safety regulation means that manufacturers are not compelled to fix defects unless lawsuits are brought by injured gun owners.

Joe Lyon is a highly rated Cincinnati defective product and catastrophic injury lawyer representing plaintiffs nationwide in a wide variety of civil litigation claims.  


 

The Problem With Regulating Gun Manufacturers

According to one study, from 2005-2010, nearly 3,800 people in the U.S. died from unintentional shootings. Gun manufacturers must be held responsible for this growing trend in the US. However, the Second Amendment guarantee of the right to bear arms, removing a defective firearm from the market is very difficult.
In 1972, when Congress passed a law establishing the Consumer Product Safety Commission “to protect the public against unreasonable risks of injury associated with consumer products,” it barred the new agency from regulating firearms in the same manner.
Of course, guns are regulated by state and local laws, and by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. However, none of the regulations cover product safety. That means no federal agency can recall guns that contain safety-related defects.
Under this system, only the courts and customers can hold gun manufacturers accountable for their defective products.


Manufacturer Negligence

Most manufacturers have issued recalls in the past. In fact, the gun industry has a long history of safety neglect.
For example, in 1986, a federal court upheld a punitive damage of over $1 million against Colt in a case involving the unintentional discharge of a single-action revolver.
There have also been thousands of customer complaints involving Remington rifles spanning decades. There are allegations of at least two dozen related deaths, and over 7 million guns involved.
In 1994 a Texas jury awarded $15 million in damages to a hunter who shot himself in the foot when a Remington rifle discharged without the trigger being pulled.
Company documents revealed that Remington was aware the rifle contained a defect that allowed it to fire without the trigger being pulled. Remington refused to recall the gun even though an internal product safety committee determined that their product was defective.
Recently, in response to a lawsuit, Remington agreed to recall millions of triggers in its popular Model 700 hunting rifle.
Recent Legal Action against Defective Gun Manufacturers
Taurus Inc., a Brazilian-based company, recently paid $30 million to settle a lawsuit after one of their defective semi-automatic handguns accidentally killed an 11-year-old boy. The gun owner, the victim’s father, was simply inserting the magazine when the gun fired.
The lawsuit is among several cases filed against Taurus that claim that some of its handguns have defective safety systems that cause them to fire when dropped or even shaken.
Lawyers maintain Taurus “designed, tested, developed, manufactured, marketed, advertised, distributed and sold the subject pistol in a defective condition that is unreasonably dangerous to the user.”
According to the lawsuit, Taurus designed and manufactured the gun with a design flaws that allow the gun to discharge without pulling the trigger, even when the safety latch is in the “ON” position.
Lawyers involved in the Taurus case, hired an engineer to conduct drop tests on the pistols. The clearly show the trigger going back when dropped, or firing when simply shaken.
The company stopped production of the nine models that are the subject of the class-action, and recalled nearly 1 million guns. Despite the recalls, plaintiffs claim the company continued to sell what was left in its stock.
The nine models being recalled include the following models:

  • PT-111 Millennium
  • PT-132 Millennium
  • PT-138 Millennium
  • PT-140 Millennium
  • PT-145 Millennium
  • PT-745 Millennium
  • PT- 609
  • PT-640
  • PT-24/7 pistols

 

FMK Firearms Recall for Drop Fires

FMK Firearms has recently recalled defective handguns with a faulty trigger system that allows the guns to fire when dropped.
The company admits that drop fires are possible. They say that “under certain circumstances, the 9C1 Pistols fitted with Fast Action Triggers could discharge when dropped.”
FMK warns that “the pistol could DISCHARGE if dropped with a round in the chamber.”
Video evidence of an independent drop test has surfaced showing drop fire and is why the company issued a recall.


Other Notable Safety Hazard Notices and Recalls

Below is a list of some of the largest notices and recalls for manufacturers of defective guns from the Violence Policy Center.

  • Beretta
    NEOS Pistols
  • Bushmaster
    ACR Rifle
  • FMK Firearms
    9C1 Pistol
  • Glock
    Gen 4 Pistols
  • IWI
    Galil ACE pistols
  • Remington
    Remington model 887 Shotgun
    Remington model 700 Rifle
    Remington model Rimfire 22 Thunderbolt TB-22A Rifle
    Remington Law Enforcement Reduced Recoil 8 Pellet 00 Buckshot
    Remington 270 Win. 150 Grain Soft Point Ammunition
    Remington .223 Remington 62 Gr Hollow Point (Match) Ammunition
    Remington 22 Hornet 45 Grain PSP ammunition
    Remington 17 HMR ammunition and Model 597 HMR
    Remington Model 710 bolt-action rifles
    Remington 38 Special +P Consumer Notice
    Remington R51 Pistol
  • Savage Arms
    Savage B.MAG Rifles
  • Sig Sauer
    P238 Pistol
  • Smith & Wesson
    M&P Shield
    Walther PK380
    Thompson Center Venture Rifles
    Model 22A pistols
    Walther PPK and PPK/S pistols
    i-Bolt rifle (November 2008)
    i-Bolt rifle (January 2008)
    Performance Center Model 460 Revolvers
    SW 1911
    Performance Center Model 329 Revolvers
  • Springfield Armory
    3.3 XDS Pistol
    Springfield XD-S pistols
  • Sturm, Ruger
    SR-556VT Assault Rifles
    American Rimfire® Rifle
    LCP Pistols
    SR9 Pistols
    P85 Pistols
    M77 Rifles
    Old Model
  • Taurus
    Curve
    PT Series Pistols
  • Weatherby
    SA-08 28 Gauge Shotgun (2013)
    SA-08 Shotgun (2011)
    Vanguard Rifles
    Vanguard Stainless Steel Rifles
  • Winchester
    SXP shotgun
    Winchester model 94

 

Legal Representation


Ohio GM Lawyer

If you or a loved one suffered an injury due to a defective handgun and have questions about the root cause and the legal remedies available to improve quality of life and medical care, contact The Lyon Firm (800) 513-2403.  You will speak directly with Mr. Lyon, and he will help you answer these critical questions

After two hip replacement surgeries, I was informed that one of the prosthesis was the DuPuy Joint and the other was very similar but manufactured by a different company. After several attempts to contact the manufacturer directly to discuss the claim, I was met with bureaucratic red tape that appeared to be insurmountable. I then turned to Joe Lyon of the Lyon Law Firm who immediately cut through the pro I highly recommend Joe if you are faced with the need for this type of litigation.Tim Ross
I met Joe during what was easily one of the worst times of my life. My husband had been in a serious accident and was a quadriplegic following that accident and remained in one medical facility after another until his death nearly four years later. We had contacted an area attorney who told us we absolutely did not have a case. Then we called a Cleveland firm that took the case and brought in Joe. Joe did so much of the work and became just like family to us. I would highly recommend Joe to anyone and be willing to guarantee that he will do anything and everything possible to get satisfactory results. He is extremely dedicated to his clients and very hard working. Mike and I came to think of him like a son, I still do; if it wasn’t for him I don’t believe our case would have been settled the way it was and may have ended up in a courtroom where the results can go any way.Donna Urchak