Even if you take care of your guns, there’s a chance that your efforts are doing little to keep you safe. This is because your rifle or handgun may have a defect that poses a threat. And these defects aren’t minor, either. If you use a defective firearm, there’s a possibility that the weapon can explode in your hand, which can cause everything from hand, face and eye damage or even death.
But how, exactly, do gun defects cause harm to gunowners and those around them? Let’s take a look so that you know what to be aware of as you handle your weapons and what action you can and should take if you find yourself harmed by a defective gun.
How gun defects cause harm
There are more gun defects out there than most people realize. In fact, the Remington rifle company has been subjected to multiple lawsuits over the last 15 years or so after defects in its rifles caused several deaths and injuries. Here are some of the defects that Remington’s rifles and other guns could possess and that could cause harm, thus warranting legal action:
- Delayed discharge: Here, the primer goes off but the propellant in the casing burns slowly, leading the gun holder to misperceive whether the round was fired. As a result, the gun holder might redirect the gun, only to have the round fire a few seconds later.
- Incomplete discharge: In some defective firearms, a fired round becomes lodged in the gun’s barrel. A second discharged round then strikes the first, which can cause the gun to explode in the gun holder’s hand.
- Failure to extract: Once a round is fired, the casing should be ejected from the firearm. But if the gun is defective and fails to discharge as it should, then a subsequently fired round can also cause the gun to explode.
There may be other defects that can lead to serious harm. The key is to bravely consider taking legal action after being harmed by a firearm rather than automatically chalking the incident up to a mistake. There are many ways that a defect can lead to injury, so be sure to analyze the firearm’s design, production and marketing to see if you can successfully make a product liability argument that protects your interests.
What defenses will you face in a gun defect product liability case?
If you decide to take legal action against a gun manufacturer for the harm caused to you by a defective firearm, then you have to not only gather evidence to support your claim but also anticipate the defenses you might face. This can include that you acted negligently, which in essence blames you for causing your own injuries. Here, the gun manufacturer might argue that the gun wasn’t used as it was intended or that it was modified in a way that made it more dangerous. So, carefully consider your own actions leading up to the incident so that you know where your case is vulnerable to attack and how you can effectively defend yourself in that regard.
Don’t let an opportunity to find accountability pass you by
You only get one chance to pursue a defective firearm claim. If you throw your case together in a haphazard fashion, then your legal arguments might be quickly and easily swatted away, leaving you without the compensation that you need to advance your recovery and secure financial stability. So, now is the time to get to work building an aggressive and effective legal strategy. If that’s something you’d like to learn more about doing, then please continue reading our blog and the rest of our website.