Almost 20 years ago, we represented a man who had been injured after his pistol fell out of its holster, struck the floor, and fired without the trigger being pulled. We discovered that the gun in question would fire if dropped, that the manufacturer had not done any safety testing, and that the manufacturer knew the firearm would fire if dropped. Despite this, the manufacturer failed to take action.
Now, fifteen years later, gun defect litigation has developed into a key practice area for us, and we have represented many individuals and families who have been harmed by defective firearms.
How Did Wheeles & Garmon Start Handling Gun Defect Cases?
The 2nd Amendment to the U.S. Constitution states that “the right of the people to keep and bear arms, shall not be infringed.”
In District of Columbia v. Heller (2008), the U.S. Supreme Court ruled for the first time that this right extends to individuals for self-defense in the home.
There are more guns than people in the United States. In 2018, there were 393 million
civilian-owned firearms in America and only 326 million people.
That’s one gun for every man, woman, and child in America with 67 million guns left over. (Small Arms Survey, Graduate Institute of International and Development Studies, Geneva, Switzerland).
Defective Firearms
Defective firearms can have catastrophic consequences, endangering the lives of users and those around them. If a firearm fires without the user intentionally pulling the trigger, it is considered defective and poses a significant risk.
At Wheeles & Garmon, we specialize in holding manufacturers accountable for these dangerous defects, ensuring that victims receive the justice and compensation they deserve.
What is Considered a Defective Product?
A product is considered defective if it is unreasonably dangerous for normal use. There are three main types of defects:
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Design Defects: Unsafe design poses risks even when used correctly.
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Manufacturing Defects: Flaws introduced during production make the product unsafe.
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Labeling/Marketing Defects: Missing or incorrect safety information or warnings.
A firearm is considered defective anytime it fires without the user intentionally pulling the trigger. If it can fire without the trigger being pulled, or if it doesn’t meet the reasonable expectations of the consumer, then it is defective. This is particularly relevant to catastrophic failures of the gun.
For example:
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Shotgun Explosion: For example, if you are dove hunting with a shotgun and it explodes when you pull the trigger.
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Pistol Component Failure: If you are firing a pistol and the components break while firing.
Some manufacturers have higher standards than others. We typically compare the conduct of the manufacturer who designed a defective, unsafe gun with that of the manufacturer who made a safe gun.
Watch this video to see how a defective firearm can discharge without the trigger being pulled, a dangerous phenomenon known as a drop-fire. Learn why proper safety mechanisms are critical to preventing such incidents and how Wheeles & Garmon Attorneys are fighting to hold manufacturers accountable for these serious defects.
Understanding
Drop-Fire Risks in Defective Firearms
Watch this video to see how a defective firearm can discharge without the trigger being pulled, a dangerous phenomenon known as a drop-fire. Learn why proper safety mechanisms are critical to preventing such incidents and how Wheeles & Garmon Attorneys are fighting to hold manufacturers accountable for these serious defects.
A shotgun can pose catastrophic risks if it explodes upon firing, often due to defects in its design or manufacturing.
Shotgun Explosion Risk
A revolver can fire without the trigger being pulled if it is dropped and lacks a transfer bar safety.
Revolver Drop Fire Hazard
A pistol can experience catastrophic failure during firing, which may include the gun breaking apart, leading to severe injury or death.
Pistol Malfunctions
A semi-automatic pistol can discharge without the trigger being pulled if there are no safeties to prevent drop-fires.
Semi Automatic Pistol Drop
Understanding the Dangers of Defective Firearms
Defend Your Rights After a Firearm Defect with Expert Legal Support
Firearm defect victims may be entitled to compensation for medical expenses, lost wages, and emotional distress.
At Wheeles & Garmon, we’ve recovered millions of dollars for our clients, ensuring they get the justice and compensation they deserve.
Our Areas of Practice
5000 Southlake Park Suite 150
Birmingham, Alabama 35244
(205) 593-4934
427 2nd Avenue SW
Cullman, Alabama 35055
(205) 623-8241
5000 Southlake Park Suite 150
Birmingham, Alabama 35244
427 2nd Avenue SW
Cullman, Alabama 35055
Our Areas Of Practice
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