Gun defects and unintentional discharge accidents injure and kill many Americans each year. Although many gun makers are protected from existing product liability laws by a strong gun lobby, attorneys are working to hold manufacturers responsible for serious gun-related accidents and drop fire injuries.
The Lyon Firm has nearly two decades of successfully handling product liability and gun recall claims, investigating defective handguns and accidental discharge lawsuits for injured plaintiffs. Contact us online or call (513) 381-2333 if you need legal representation for any issue involving a defective gun.
What Is Negligent Discharge?
When a firearm discharges unintentionally, the accidents are sometimes called “negligent discharges.” This suggests the fault lies completely on the person handling the weapon. However, in many cases, the accident can be due to defective guns, in which case liability should lie with the manufacturer.
Is accidental discharge a crime? In some cases, it can be. However, many novice shooters are often on the wrong end of negligent discharges for a variety of reasons. Gun safety and gun education are crucial in preventing unintentional discharging accidents.
“Mr. Joe Lyon went above and beyond what was necessary in helping me through every step of my wrongful death lawsuit. Showing actual concern and empathy for my situation. All I can say is thank you for everything.”
- Client: Lance Grotevant
What Is Accidental Discharge?
An accidental discharge of a firearm describes the unintentional firing of a weapon due to:
- Defective Design: Some guns might have safety features that don’t work as intended, allowing the gun to fire accidentally if it’s bumped or dropped.
- Mechanical Failure: If a crucial component, like the trigger mechanism, breaks or wears out, it can cause the gun to fire unexpectedly, even if the trigger isn’t being pulled.
- Gun Malfunction: If dirt or debris gets into the firing pin area, or if the gun isn’t properly lubricated, it can lead to a situation where the gun fires on its own or when the trigger is barely touched.
- Warning Defects: If a gun has warning defects, it means the manufacturer did not provide clear and effective safety alerts, making it the company’s responsibility for any accidents that occur due to their failure to ensure the product was safe for users.
- Improper Gun Handling: This occurs when a person doesn’t follow safety rules—like pointing the gun in a safe direction or keeping their finger off the trigger—which can lead to accidental discharges, making the individual responsible for the incident rather than the manufacturer.
- Failing to Safely Store a Gun: When a gun owner does not secure their firearm in a locked safe or uses inadequate storage, it increases the risk of accidental discharge, particularly if children or unauthorized users access it, placing the responsibility on the owner for any resulting accidents.
How Common Are Accidental Discharges?
You might be wondering, “How common are accidental discharges?” There are countless incidents every year where guns malfunction and unintentional discharges injure and kill innocent people.
Below are just a few concerning statistics that shed light on the real and present danger of accidental discharges in the United States:
- Accidental firearm injuries and fatalities accounted for 3.68% of all gun-related deaths in 2023.
- Approximately 27,000 unintentional firearm injuries and 500 fatalities occur each year in the U.S.
- People in the U.S. are four times more likely to die from accidental firearm injuries than those in other high-income countries.
- Handguns are involved in 67% of accidental firearm deaths.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
The Lyon Firm works to understand the cause of an accident and to hold either the gun owner or gun manufacturer liable for the accident.
Manufacturers recalling defective guns include:
- Walther
- Remington
- Taurus
- Savage Arms
- Sig Sauer
- Ruger
Can a Gun Go Off If You Drop It?
Yes, a gun can unexpectedly go off if it is accidentally dropped, and this mistake can result in dire consequences.
Although guns are typically designed with safety features to prevent accidental discharge, there is still a risk that a gun can go off if dropped, especially if it’s not properly secured or if the safety mechanisms are not engaged.
Most modern firearms have safety locks that help keep them from firing unless the trigger is pulled. However, if a gun is dropped from a significant height or lands in a way that affects its internal mechanisms, there is a small chance it could be discharged.
The sudden force could act on the gun’s trigger assembly, causing the trigger to move and the release of the firing pin.
If a gun fires when it is dropped, that is called a drop fire. Handguns are meant to be safer than ever these days, but consumers are still reporting a large number of drop fire accidents.
Is Accidental Discharge a Crime?
Whether the accidental discharge of a gun is considered a crime boils down to the specific circumstances.
In many cases, if a person accidentally fires a gun and causes injury or damage, they may face criminal charges of reckless endangerment, negligent use of a firearm, or, in extreme instances, manslaughter.
These charges arise when the person is found to have acted carelessly or failed to take the proper safety precautions. Several factors can play a role in determining if someone can pursue an accidental discharge of a firearm lawsuit, including:
- If the person was following safety rules.
- If the gun was stored safely.
- The outcome of the discharge, such as the severity of injuries or property damage.
However, negligent handling of a gun isn’t the only contributing factor in accidental discharge claims. Sometimes the fault lies in the gun itself.
If a gun is found to have a defect that causes it to fire unexpectedly, the manufacturer may be held liable for any resulting injuries or damages.
For example, Sig Sauer has been sued more than once due to drop fire defects, leading to large settlements for injured plaintiffs.
The Sig Sauer P320, sold to the US Army and popular among police departments and consumers alike, was determined to be defective because it fired when dropped at a certain angle. Furthermore, there have even been several reports of the gun firing when it was simply being holstered.
When firearm manufacturers cut corners or negligent gun owners fail to prioritize safety, lives are forever changed. One life lost is too many, and we must hold accountable those who allow accidental discharge tragedies to happen.
Get in touch with The Lyon Firm today online or call (513) 381-2333 if you’ve been harmed in an accidental discharge incident.
Defective Handgun Accidents
Malfunctioning handguns can lead to drop fire incidents, often overlooked, and can lead to accidental discharge of a firearm lawsuit.
Safety agencies in the United States hold manufacturers to strict safety standards for the majority of consumer products. However, the gun industry has largely been insulated by the sizable gun lobby.
There are no federal regulations regarding firearm safety standards, and guns produced within the United States have little consumer protection oversight.
U.S. federal law is relaxed on gun design safety standards, and firearms and ammunition are shielded from safety standards set forth by the federal Consumer Product Safety Act.
Because of this little oversight, many firearms manufactured and sold in the U.S. never undergo proper safety testing.
Many guns sold in the U.S. do not even have basic safety features. Defective firearms play a role in unintentional shootings, drop fire accidents, and wrongful gun deaths.
Accidental Firearm Discharge Injury
As with most other gun-related accidents, accidental firing incidents can be serious or even fatal, causing both physical and emotional trauma to victims. Below are some of the injuries one might suffer if a gun accidentally fires:
- Hand injuries
- Injuries to the legs or feet
- Torso wounds
- Scarring and disfigurement
- Head wounds
- Fatal injuries
- Post-Traumatic Stress Disorder (PTSD)
If an accidental discharge has caused a fatality, it may be necessary to file a wrongful death lawsuit. This will hold the responsible parties accountable for their negligence and provide the surviving family members with financial compensation for the costs associated with the person’s death, like funeral expenses and loss of income.
What Do Gun Laws Say in the United States?
Gun laws in America vary from state to state, leading to different regulations regarding ownership, carrying, and purchasing firearms.
For example, in Ohio, there is no gun permit, background check, or firearms registration required for consumers buying a handgun.
Open carry without a permit is generally legal in most states, like Ohio, though specific rules may apply, such as restrictions in vehicles or establishments that sell alcohol.
Furthermore, the minimum age for handgun possession is typically 21 years old, and many states, including Ohio, allow residents 21 and older to obtain a concealed carry license, often requiring completion of a firearms training course.
Some states offer exemptions for current and former servicemen and women regarding fees and training courses for concealed carry licenses. Additionally, many states recognize permits issued by other states, enhancing the ability for individuals to carry firearms across state lines.
Ohio adheres to the Castle Doctrine in your residence or vehicle. This means that, under Ohio law, a person is justified in using force with a weapon if he or she “reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.”
It’s also important to remember that some state laws do not:
- Require a background check prior to the transfer of a firearm between private parties.
- Require firearm dealers to obtain a state license.
- Limit the number of firearms that may be purchased at one time.
- Impose a waiting period on gun purchases.
These differences highlight the diverse landscape of gun laws in the United States. These laws can influence the legal responsibilities of gun owners and manufacturers when it comes to accidental discharge lawsuits.
“At The Lyon Firm, we are unwilling to budge on gun safety. Manufacturers must act responsibly by engaging in rigorous testing and oversight so that the firearms that reach the market are free of defects. Every life impacted by an accidental discharge is a reminder that safety should never be compromised.”
Joe Lyon,
Founding Partner of the Lyon Firm
Why File an Accidental Discharge of a Firearm Lawsuit?
Following injuries, an accidental discharge lawsuit can help recover:
- Past and future medical costs.
- Lost wages if you had to take time off work while recovering or if you were unable to return to work due to your injury.
- Pain and suffering for the physical pain and mental anguish you experienced.
- Punitive damages against a manufacturer for negligence and the disregard for the safety of consumers.
In addition, such a lawsuit can often help improve gun safety standards as various defects are brought to light.
Gun manufacturers take advantage of the lack of consumer protection oversight in the gun industry. They are still, however, accountable for dangerous gun design defects.
For instance, in 2010, an investigation revealed that Remington Arms sold millions of defective rifles that resulted in several accidental discharge deaths and injuries. The company hesitated to recall the guns and eventually redesigned the trigger, but only after serious legal pressure.
How Can an Accidental Gun Discharge Lawyer Help Me?
Sadly, defective handguns and other firearms with defects cause severe injuries and claim the lives of many Americans annually.
To build the strongest case possible, contact an accidental gun discharge attorney with experience in product liability litigation.
Accidental discharge claims are a specific area of litigation that requires a prior history of handling such cases and an understanding of the federal and state laws surrounding guns. An accidental gun discharge lawyer can help you by:
- Identifying the Responsible Party: Your attorney will conduct an in-depth investigation to figure out the root cause of the accidental discharge, the type of gun involved, and whether a manufacturing defect or negligent handling is to blame.
- Filing Your Claim in Time: There are time limits to filing an accidental discharge claim. The statute of limitations differs from state to state, so a lawyer will ensure your claim is submitted correctly and on time.
- Negotiate for Fair Compensation: A lawyer will act with your best interests in mind, negotiating with the other party on your behalf to get the full compensation you need to address the damages you suffered as a result of the accident.
- Fight For You In Trial: If the other side won’t agree to a fair settlement, your attorney is prepared to take your case to court.
Not only will a lawyer handle all aspects of your claim from start to finish, but studies show that working with a legal team improves the chances of success.
A study by Martindale-Nolo revealed that those who hired a lawyer were able to recover an average of $77,600 in compensation as opposed to $17,600 for those who did not get legal help.
Accidental Discharge of a Firearm Case Settlements
A recent drop fire lawsuit filed against Forjas Taurus, a Brazilian gun manufacturer, resulted in a $38 million class action settlement.
The gun defect and accidental discharge allegations resolved product defect claims for a class of plaintiffs who said the handguns were defective and fired when dropped. The seven Taurus models include Rossi-branded .357 Magnum and .38 Special revolvers made between 2005 and 2017.
The gun defect class action lawsuit stated that the Rossi guns manufactured by Taurus have a propensity to discharge if dropped, also known as an accidental discharge or unintentional discharge. Lawyers argued the guns are “unreasonably dangerous and unfit for their intended use.”
The Lyon Firm is dedicated to helping victims of accidental discharge incidents get the compensation they need to begin piecing together their lives again. We represented a client who suffered a severe gunshot wound to his arm when the gun inadvertently fired in a “drop-fire” incident.
The 9mm handgun had a recognized defect, and a recall had been initiated by the manufacturer and supplier. However, the recall was inadequate and didn’t get to the end purchaser.
Numerous reports, including videos of the event occurring, had been reported to the company. The drop fire case was resolved for a confidential amount that will compensate the client for the compartment syndrome he suffered and the extensive scarring.
Why Hire The Lyon Firm: We Fight to Improve Gun Safety
The Lyon Firm works with industry professionals to determine the true cause of any gun accident and holds gun manufacturers responsible for defective firearms that lead to injury and death.
With nearly two decades of experience, we aim to prevent future injuries and gun accidents by filing lawsuits against negligent gun manufacturers.
As a plaintiff, you can seek compensation, and you can help consumers and gun owners across the country as companies are forced to remove dangerous products, change designs, and sell safe firearms.
At The Lyon Firm, we have the experience and resources needed to bring claims against large gun manufacturers. If you or a loved one were injured by an accidental gun discharge, contact our law firm online or at (513) 381-2333 for legal representation.
Product Liability Law in Accidental Discharge Claims
Defective firearms on the market present serious safety hazards for adults and children. Cheap and defective products may pose unintentional discharge and shooting accident risks.
The manufacturers of handguns and rifles have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any negligent discharge risks associated with their products. Any failure to protect consumers that results in shooting accidents and injury can lead to lawsuits filed by plaintiffs and their gun defect lawyer.
