South Florida Injury Lawyer Blawg
Sadly, thousands of Americans are injured or killed by firearms each year. While a number of these instances are due to poor judgment, some are caused by defective or faulty guns. If you have been injured or your loved one has been killed by a malfunctioning discharged firearm, you need to contact a seasoned Florida defective gun attorney. At our Law Offices, we will meticulously examine the facts of your case and provide you with an honest assessment of your claim.
Earlier this year, a Bloomberg article discussed how defective guns became the only product that cannot be recalled. The gun manufacturer Taurus sold almost a million handguns that could potentially fire without anyone pulling the trigger. When an injured man tried to get to the bottom of why his gun (made by Taurus) had fired for no reason, he saw that Taurus had a “replace or repair” offer on their site, offering to repair certain guns or buy them back from customers. Despite the man being injured due to the faulty gun, Taurus denied any negligence, wrongdoing or defect in its firearms and also denied that its offer to fix its gun was a recall.
Approximately 500 people are killed in the United States every year due to the accidental discharge of firearms and many more suffer severe injuries due to gun mishaps. A number of these causes are the result of a faulty firearm. Some of the most common types of firearms defects include, but are not limited to, the following:
- Trigger safety failure;
- Over-sensitive trigger;
- Rifle drop;
- Out of battery discharges.
There are very few industry-developed safety standards in place when it comes to firearms, and suing a gun manufacturer is extremely challenging. But it is possible. When a firearm discharges unintentionally, people often assume that the cause was user error. However, this is not always the case. Poorly designed and defective guns can be dangerous, even when used properly. If a defective gun has injured you, you may be able to recover compensation through a products liability claim. Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. To win a products liability claim in Florida, the plaintiff is required to prove the following elements:
- Loss: the plaintiff must show that he or she suffered an actual injury or monetary loss as a result of using the manufacturer’s product.
- Defect or failure to warn: the product was either defectively designed or manufactured or that the manufacturer knew or should have known or risks and failed to warn consumers.
- Causation: the defective product was a direct cause of the injury.
- Product was used as intended: the product was being used in a way that the manufacturer intended or could expect a reasonable person to use it.
If you or a loved one was injured by a gun that may have been defective, you might be able to file a lawsuit against the manufacturer. At our Law Offices, our diligent Miami products liability attorneys have extensive experience making sure our clients are compensated property for their injured. We understand that dealing with a gun-related injury can be incredibly stressful, but you can rest assured that we will handle the legal process as seamless as possible. For a free case evaluation, call us at 1-877-499-HURT (4878) or contact us online.
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