Though licensed firearm users generally train to expect (and even to anticipate) a gun malfunction, it may still come as a surprise when a malfunction or misfire does actually occur, particularly if the user has been careful in handling the firearm. Unfortunately, such malfunctions often have devastating, injury-causing effects.
Not all malfunctions are inevitable, and in fact, many gun misfires and malfunctions are not caused by the user but are instead caused by the manufacturer’s negligent design or assembly of the firearm. If you can prove that your firearm was defective and that the defect was what led to your injuries, then you may be entitled to recover damages. Successfully litigating a firearm accident case requires a skilled and experienced attorney who knows how to respond to the inherent difficulties of firearm accident litigation, particularly with regard to gun manufacturers who have access to significant resources with which to defend themselves against such claims. To setup, a free consultation, contact The Law Office of Mark A. Smith by filling out our online contact form or by calling (412) 368-8398 to get started on your claim.
Common causes of malfunctions or misfires with firearms and/or ammo include, but are not limited to:
Malfunctions and misfires may be caused by defective design or manufacture of the firearm itself, or by the defective design or manufacture of the ammunition used in the firearm. Defects rarely exist in a vacuum. Oftentimes, defects sneak into the design or manufacturing process as a result of balanced interests — for example, a gun manufacturer may use cheaper materials in the assembly of a particular firearm, even though it increases the risk of a malfunction.
As litigation proceeds, your attorney will identify the potential defendants and bring them into the case. Litigation can be rather unpredictable. Some defendants are more willing to negotiate a settlement compromise, while others look to make “an example” of accident plaintiffs, and will fight a case aggressively all the way through to trial. By working with an experienced firearm accident attorney, you’ll be equipped with a strategy customized for the particular defendant(s) in your case.
If you have have been injured due to a malfunctioning or otherwise defective firearm, then you may be entitled to recover damages as compensation for the injuries you sustained.
Lawsuits are rarely straightforward and can grow increasingly complicated as litigation progresses — especially in firearm accident cases, where you are pitted against a company that may have access to superior resources. As such, you’ll want to work with a capable, experienced, and friendly attorney who is willing to make himself available for any questions and concerns you may have throughout the litigation process. Mark Smith has more than 23 years of legal experience, and over the course of his career, has successfully litigated numerous firearms accident cases.
In one recent case, Attorney Smith helped a licensed gun owner and his wife recover for their injuries suffered due to defective ammunition. While shooting around on the 4th of July, the gun owner, and his wife — responsible users — light loaded their firearm, which led to an explosion that injured both the owner and his wife.
With over 23 years of experience, every year that Mr. Smith has been in practice he has been dedicated to helping injured clients and their families. Beginning as a paralegal in 1994, he graduated law school in 2002. In November 2017 Mr. Smith will achieve 15 years as a Plaintiff-only lawyer. To get connected, please call (412) 368-8398 or fill out the online contact form for a free consultation. All important decisions and matters regarding your case will be personally discussed between you and the attorney. Mark will thoroughly review your case, help you understand the law and appropriate action, and guide you through the next steps.