Gun Defects – no margin for error

Gun Defects – no margin for error

While gun safety often focuses on responsible firearm handling and awareness of your surroundings, it’s crucial not to overlook a less obvious but equally significant risk: Defective firearms.

At Ball Eggleston, serving hunters and gun owners throughout Indiana, including those in Lafayette and surrounding areas, we want to emphasize the importance of firearm safety and your rights if you are injured due to a manufacturing defect. Whether hunting or at a gun range, firearm defects can have deadly consequences. There is no margin for error when it comes to guns being free from defects.

The Hidden Danger: Firearm Defects

Defects in firearms can lead to serious and unexpected injuries. These defects can manifest in various ways, including:

• Accidental Discharge: A firearm discharging without the trigger being pulled due to faulty internal mechanisms.
• Explosions or Ruptures: Catastrophic failures of the barrel or chamber due to manufacturing flaws or the use of substandard materials.
• Malfunctions: Failure to fire, eject cartridges, or operate safely as intended, potentially leading to dangerous situations.
• Defective Safety Mechanisms: Safeties that fail to engage or disengage properly, increasing the risk of accidental discharge.
• Scope Mount Defects: Picatinny rails that are used to mount scopes that have defective metallurgical properties or inadequate attachment screws.
• These defects can have devastating consequences for gun users causing injuries ranging from minor burns and lacerations to severe gunshot wounds and even fatalities.

Your Responsibility and the Manufacturer’s Duty

As a responsible hunter or gun user, you play a vital role in ensuring your safety by:

1. Proper Maintenance: Regularly cleaning and maintaining your firearm according to the manufacturer’s instructions.
2. Safe Handling: Always adhering to safe gun handling practices, including keeping the muzzle pointed in a safe direction and treating every firearm as if it were loaded.
3. Using Correct Ammunition: Only using ammunition that is specifically designed and recommended for your firearm.

However, manufacturers also have a legal duty to design, manufacture, and market firearms that are reasonably safe for their intended use. This includes: 

• Thorough Testing: Conducting rigorous testing to identify and eliminate potential defects before the firearms reach consumers.
• Quality Control: Implementing strict quality control measures during the manufacturing process. 
• Clear Warnings and Instructions: Providing clear and comprehensive instructions and warnings regarding the safe use and potential hazards of their products.

When a manufacturer breaches this duty and a defect in their firearm causes injury, they can be held liable for the resulting damages.

Recognizing a Potential Defect

While it can be difficult to identify a defect before an incident occurs, be aware of any unusual malfunctions or irregularities in your firearm’s operation. If you experience any of the following, stop using the firearm immediately and consult the manufacturer or a qualified gunsmith:

• Unexpected discharges.
• Difficulty engaging or disengaging the safety.
• Unusual noises or vibrations during firing.
• Cracks or bulges in the barrel or receiver.
• Failure to properly eject spent cartridges.

What to Do If You Suspect a Defective Firearm Caused Your Injury

If you or a loved one has been injured while hunting or using a gun due to a suspected firearm defect, it’s crucial to take the following steps:

1. Seek Immediate Medical Attention: Your health is the top priority.

2. Preserve the Firearm and Ammunition: Do not alter or clean the firearm or any remaining ammunition. Secure them in a safe place as they may be crucial evidence.

3. Document Everything: Take photographs of your injuries, the firearm, and the ammunition used. Keep records of all medical expenses, lost wages, and other related costs.

4. Avoid Speaking with the Manufacturer or Their Representatives: Before consulting with an attorney, refrain from giving statements or signing any documents from the firearm manufacturer or their insurance company.

5. Contact Ball Eggleston: An experienced product liability attorney at Ball Eggleston, serving Indiana hunters and gun owners, can help you understand your rights and investigate the potential defect. We can work with experts to analyze the firearm and determine if a manufacturing flaw was the cause of your injuries.