Successfully Helping Injured People in Montana for More Than 40 Years

Do you trust your firearm not to malfunction?

by | Dec 13, 2017 | Defective Remington Rifles |

For many people, hunting is a way of life in Belgrade and the surrounding areas, as well as many other places across the United States. Like with any sport, hunting requires the right equipment. You need proper clothing, an orange vest or coat to mark you as a non-target, and various other gear when you head out before dawn. You also need a hunting rifle you can trust.

You want one that you can rely on. This means you do not want to worry about it doing things like firing on its own, as lawsuits have alleged regarding the Remington Model 700. However, as a gun owner, it is important to understand how product liability works in terms of firearms.

The first question to ask

In gun accidents, the first question to ask is typically how it happened. If the accident occurred because the gun was defective, then you might be able to pursue a product liability claim.

Ways a product can be defective

In general, there are three ways that a productive can be defective. First, it might be due to a lack of sufficient warning labels or instructions. Second, a manufacturing flaw might cause a product defect. Third, the product design could be defective. In most successful weapons claims, the injury is a result of a product malfunction or the lack of sufficient warning labels.

Claiming a weapon malfunction

If you or a loved one suffered an injury due to a gun malfunction, an important issue can be how you operated the gun. If a person used a gun the way that the manufacturer intended and it malfunctioned, it might strengthen his or her claim. For example, if the firing mechanism in your weapon was extremely sensitive, then the court might rule that you have a valid claim due to a design defect.

When we purchase items, we usually do so with the trust that they will work and not cause an injury as long as we use them appropriately. When a product malfunctions and causes an injury, the manufacturer or seller might be responsible. If you or a loved one has been a victim of a defective firearm, you might be able to file a product liability claim.


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