What Is A Gun Defect?

What Is A Gun Defect?


In 2010, at least two dozen deaths and over 100 injuries were linked to unintended discharges from firearms due to defects. Though it is typically assumed the gun user is at fault for unintended discharge, this is not always the case.  There are many ways in which the gun industry can be held responsible for a defective firearm.

What is a defective firearm? Who is held responsible for a gun defect?

Design Flaw

When a gun does not operate the way in which it was intended, it is considered a design flaw, and therefore defective. If a gun doesn’t fire or fires when dropped, these are considered design flaws. In most of these cases, the gun manufacturer can be held responsible if someone is injured.

Defective Safety Features

If the manufacturer did not add a reasonable safety feature to keep people who do not have access to guns, like criminals or children, they can be held responsible if an injury occurs. It’s also important to remember that safety features may be included, but can fail. These are also considered defective. In a similar case, the gun is also considered defective if the manufacturer does not provide sufficient instructions or warnings.

Negligence in Distribution or Manufacturing

Gun manufacturers can be responsible for how their product is marketed and distributed. This refers to a business’s failure to exercise reasonable caution when selling or making its product. In some cases, businesses have been held responsible for allowing certain people to obtain a gun, like those with a criminal history.

Though defective firearms are an issue, please remember to always take proper precautions when handling firearms.

  • Know your target and what is beyond it.
  • Learn how your gun operates before handling.
  • Wear the appropriate eye and ear protection.
  • Never use a firearm under the influence of drugs or alcohol.
  • Store guns so that they are not accessible to unauthorized persons.
  • Clean your gun correctly and safely.

For more information regarding gun safety, visit  gunsafetyrules.nra.org/

If an injury or death occurs through the use of a weapon that wasn’t defective, you may still be entitled through negligence. If you or a loved one has been injured due to a gun defect or negligence, call Morris, Haynes today for a free consultation of your case.