Product Liability lawyer and Gun Recall Attorney investigates Defective Rifles & Handguns for injured plaintiffs nationwide
According to safety studies and statistics compiled by the Centers for Disease Control and Prevention (CDC), around 500 people are killed in the United States each year due to the accidental discharge of firearms. Thousands of other consumers suffer severe injuries due to gun accidents, some of which involve a faulty or defective firearm.
There have been reports of defective guns firing when dropped—“drop fires”—as well as faulty materials, allegations of gun makers concealing defects, and defective safety features.
No federal agency can recall guns with safety-related defects, so it is up to the courts and customers to hold gun manufacturers accountable for their defective products, and ensure that gun recalls take place before injuries occur in the future.
Lawsuits Filed Against Gun Manufacturers
- In 2013, the gun maker, Taurus, removed nine gun models from the market which were alleged to be defective. The defects included a faulty trigger safety, which is intended to prevent the rearward movement of the trigger; a manual safety lever, which should block the firing mechanism; and a firing pin block, meant to keep the firing pin from striking the round’s primer unless the trigger is pulled all the way back into the firing position. Taurus has also been the target of accidental discharge lawsuits.
- A recent lawsuit in Montana alleged that Remington Arms Company sold millions of bolt-action rifles with a defect that has been linked to wrongful deaths. Allegations from attorneys say Remington concealed a design defect dating back to 2010 that allows the guns to fire without the trigger being pulled. The company reached a settlement by December 2014, which covered around 7.5 million guns, and Remington agreed to replace the triggers, free of charge. The agreement to replace millions of allegedly defective triggers was placed on hold pending an appeal.
- Gun owners have reported that the barrel of Savage Arms muzzleloader guns have exploded, burst, split or cracked. Plaintiffs are seeking damages for sustained injuries and allege the company failed to warn customers about the defect. Lawyers have claimed the company recklessly kept the muzzleloaders on the market even when there were reports of consumers injuring hands, ears and faces. One expert involved in the case examined a Savage Arms weapon and said the barrel of that gun was “metallurgically defective.”
- In 2017, Ruger found that some Mark IV pistols have the potential to discharge unintentionally if the safety is not utilized correctly. According to Ruger, if the trigger is pulled while the safety lever is midway between the “safe” and “fire” positions the pistol may not fire. If the trigger is released and the safety lever is then moved from the mid-position to the “fire” position, the pistol may fire unintentionally. The gun manufacturer has listed the following pistols in the recall:
- 22/45 Lite
- 22/45 Tactical
Gun Safety Standards
Gun design and gun safety standards for firearms are meant to ensure a gun’s structural integrity and prevent it from misfiring or malfunctioning. Design and safety tests should be conducted by a state agency or independent lab before a gun can be manufactured or sold. Basic gun testing will include firing tests, drop tests, and melting point tests.
- Firing tests confirm that a gun is structurally sound and will not malfunction after repeated firing.
- Drop tests confirm that a gun does not fire when it is dropped. Drop fire defects have led to several handgun recalls.
- Melting point tests confirm that guns are made with metals with melting points above the heat generated by the ballistic forces when the gun is fired.
Gun Recalls & Lawsuits
The gun industry is the only broad manufacturer of a consumer product in the United States that is exempt from federal safety regulation. There is no federal agency that can require a gun manufacturer to recall defective guns, ammunition, or gun accessories. As it stands, consumers have to rely on the gun manufacturers themselves to take action when they have inherent defects.
If a gun manufacturer chooses to ignore a safety concern, only plaintiffs and litigators have the ability to hold the responsible parties accountable. The National Rifle Association (NRA) lists “gun safety” as among its concerns, though it has also repeatedly resisted federal safety oversight of firearms.
Ohio Gun Recall Attorney
When deaths and serious gun-related injuries occur due to manufacturing defects, lawyers and gun owners can hold manufacturers responsible for their liability regarding injuries and damages that result. Manufacturers have a duty to ensure the safety of the products they market and distribute.
In addition, they must properly warn consumers of any defect their product may contain and issue timely gun recalls to ensure safety. Some of the most common firearm defects include:
- Trigger safety failure
- Overly-sensitive trigger
- Design flaws
- Defective firearm accessories
- Barrel failure
- Drop Fires
- Defective chamber indicator
- False marketing
Defective Gun Holsters
Gun holster defects have led to the Blackhawk gun holster to be recalled nationwide. Federal Cartridge has recalled the holster over accidental discharge concerns and risks of gun injury accidents.
Defective gun holsters can be very dangerous to the consumer, and the manufacturers may be held accountable for failing to warn consumers of the risks and for selling a defective product.
Gun Defect Lawsuits
Following injuries, compensation can be sought to recover medical costs, lost wages, as well as punitive damages against a manufacturer for negligence and the disregard for the safety of consumers.
To build the strongest case possible, contact a gun recall attorney with experience in product liability litigation. Joe Lyon works with industry experts to determine the root cause of any gun accident, and holds gun manufacturers for defective firearms that lead to injury and death.
If you or a loved one has suffered an injury due to a defective firearm, and have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, a gun recall attorney, and he will help you answer these critical questions.