When people think of firearm injuries, they often assume the cause is negligent gun owners or criminals. However, dangerous defects in firearms can also lead to serious injuries or death, even in the hands of responsible and safe gun owners. According to the National Safety Council’s Injury Facts report, accidental firearm discharges accounted for 463 fatalities in 2022. While some of these accidents were due to human error, many may have resulted from faulty firearms or components.
If you or a loved one suffered a serious or fatal injury due to a firearm malfunction, you may be entitled to compensation for your medical bills, lost wages, and other damages. However, proving that a defective firearm caused an injury—or a wrongful death—requires a detailed legal and forensic investigation.
At Buttafuoco & Associates, we specialize in personal injury law and our firearm accident lawyers serving New York have the experience to take on major firearm manufacturers and distributors. Call 1-800-NOW-HURT today for a free consultation with a New York defective firearms attorney.
How Do I Know If a Defective Firearm Caused My Injury?
Even experienced, responsible gun owners can suffer serious injuries due to firearm defects. Some common firearm defects include:
- Loose trigger mechanisms that allow accidental discharges
- Failed safety switches that do not properly engage
- Jammed barrels that cause dangerous backfire or explosion
- Defective firing pins leading to unexpected misfires
Some of these defects can result in bullet wounds, while others—such as a jammed barrel or exploding chamber—can cause burns, lacerations, or injuries from shrapnel. Injuries inflicted by a defective firearm can be life-altering, often resulting in serious injuries or death. In these cases, it is essential that you receive the compensation you are entitled to, and that the manufacturer is held accountable.
Who Is Responsible for My Injury or Loved One’s Death?
Product liability cases are complex and difficult, especially when the defendant is a large firearm manufacturer or distributor. These corporations employ teams of lawyers to protect their reputation and avoid paying victims. This is why working with a dedicated product liability attorney in New York is critical.
At Buttafuoco & Associates, we handle every aspect of your case, including:
- Investigating the accident and firearm defect
- Consulting firearm safety experts to confirm the cause of the malfunction
- Gathering evidence, including reports of similar defects and recalls
- Negotiating with insurance companies and opposing legal teams
- Fighting for full compensation in court if necessary
If you are unsure whether you have a case, our team can apprise you of your rights and advise you on next steps during a free consultation.
Determining Liability
The first step in a defective firearm case is to rule out user negligence. In other words, we must prove that the injuries were not the user’s fault. For example: if a gun owner leaves a loaded firearm unattended and a child is injured, that is a case of owner negligence. However, if a gun owner is cleaning a firearm with the safety engaged, but the gun still discharges due to a mechanical failure, the manufacturer may be liable for their defective product.
Our legal team will investigate whether the manufacturer knew about the defect and, if so, if they failed to issue a recall. Even if a recall was issued, a manufacturer may still be liable if they did not take appropriate action to repair or replace defective firearms.
In the case of a recall, gun sellers and distributors can be held responsible for defective firearms. If a distributor continues to sell a recalled firearm, they may be held accountable for injuries caused by the defective product.
Key Evidence in Defective Firearm Cases
To build a strong case, a New York firearm accident attorney will gather critical evidence, including:
- The preserved firearm, along with any accessories, manuals, and cleaning tools.
- Purchase receipts to verify ownership and transaction history.
- Photographs of the accident scene and injuries.
- Medical records documenting the extent of the injuries and treatments.
- Police or incident reports that provide official documentation of the accident.
We will then use this evidence to create a strong case, showing that the manufacturer was negligent at some point in the process. We can also use evidence to forecast future medical bills and ensure that you are compensated for the entirety of your bills for both current and ongoing treatments.
What Compensation Can I Recover for a Defective Firearm Injury?
The amount of compensation available depends on the severity of your injuries and the circumstances of the accident.
Potential Damages for Non-Fatal Injuries:
- Medical expenses, including surgery, rehabilitation, and long-term care.
- Lost wages due to time away from work.
- Pain and suffering, including physical and emotional trauma, for serious injuries.
- Punitive damages in some cases.
Compensation for Fatal Firearm Malfunctions:
If a defective firearm caused a wrongful death, surviving family members may be eligible to recover damages for:
- Funeral and burial expenses
- Loss of economic support from the deceased
Speak with a New York Defective Firearms Lawyer for Free
When a defective firearm jeopardizes your safety or claims the life of a loved one, you deserve justice. At Buttafuoco & Associates, we take on powerful firearm manufacturers and fight for victims who suffer due to their negligence.
Call 1-800-NOW-HURT today for a free, no-obligation case review. Let us help you get the compensation you deserve.
