When you exercise your right to purchase a firearm, you make every effort to handle, operate, and store it safely. Unfortunately, exercising safe practices and the utmost caution may not be enough to avoid a dangerous outcome if a gun is defective. In these instances, victims may be able to take legal action against the gun manufacturer and attempt to recover damages.
At Tommy James Law, we are committed to helping victims of gun defects exercise their rights and pursue justice. Our Jefferson County gun defect lawyer has over 25 years of experience and a complete understanding of product liability law. Whether you were injured as the result of a manufacturing defect, design defect, or insufficient labeling, we are confident we can provide the aggressive advocacy needed to maximize your recovery.
Request a free case evaluation by calling (205) 843-5086 or contacting us online. Our firm serves clients throughout the state of Alabama.
Types of Gun Defects
Firearms are inherently dangerous instruments that can cause unintended injury if not handled appropriately. At the same time, gun owners fairly expect their firearms to operate as intended.
If an injury occurs despite your doing everything possible to handle the gun safely, there is a good chance a defect is to blame. Unlike other consumer products, guns are not regulated by the federal government and are not subject to mandatory recalls. Though a manufacturer will occasionally facilitate a voluntary recall, the reality is that many firearm defects go undetected until it is too late.
There are three major types of gun defects:
- Design Defects. If your firearm does not operate the way it is supposed to, it most likely has a design defect. For example, your gun should not fire when the safety is on, and it should not fire when dropped.
- Manufacturing Defects. Your gun may have a manufacturing defect if any element of the firearm becomes unreasonably unsafe due to a manufacturing error.
- Labeling Defects. A “labeling defect” refers to a situation where a firearm does not come with sufficient warnings or instructions for safe use. For example, if a firearm does not include any information on how to safely clean the gun and you are subsequently injured while attempting to do so, you may have a claim.
If you were acting cautiously and responsibly when handling your firearm, do not assume the injury is the result of user error. Our Jefferson County gun defect attorney can evaluate what happened and advise whether you have a claim.
$1 Million Jury Verdict
$1 Million Settlement
$1.2 Million Settlement
To recover damages resulting from a gun defect, you will need to file a product liability lawsuit against the manufacturer. You will generally have two years from the date of the incident to initiate legal action in the state of Alabama. If a gun defect has killed someone you love, you and their survivors typically get up two years from the date of their passing – which is not necessarily the date of the incident – to pursue a wrongful death claim.
Our team at Tommy James Law will fight to recover all applicable damages, including compensation for:
- Medical expenses
- Lost wages
- Reductions in earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
It is in your best interest to hire a strong legal advocate to assist you with any product liability lawsuit. Under Alabama’s contributory negligence rules, you will be unable to recover any compensation if the court decides you share any level of blame for causing the accident, even if a gun defect indisputably existed. Our Jefferson County gun defect lawyer understands how to strategically approach these cases and will do everything possible to achieve a favorable resolution.
If you were injured due to a gun defect, do not wait to get legal advice from our full-service personal injury firm. Call (205) 843-5086 or contact us online to get started.