Thousands are seriously injured or killed in firearm-related incidents each year, and families often wonder if they have legal recourse after such an accident. Depending on specific circumstances, a family or a victim may have a case against the owner, seller, distributor, purchaser or manufacturer of a firearm under the negligence and product liability theories. Consult a product liability lawyers in West Palm Beach, FL to learn whether one has a valid case for a firearm injury.
The Recovery Theory: Was the Injury Caused by a Person, or a Gun?
When evaluating a firearm-related death or injury, one of the most immediate questions is "How did this happen?" If the weapon had a defect, the victim may be able to recover under product liability law. However, if there was nothing wrong with the gun, Morris Laing Evans Brock & Kennedy Chartered will have to build a case based on negligence.
Defective Product Lawsuits Related to Firearms
There are three classes of product defects: inadequate warnings/instructions, manufacturing defects and design flaws. If a product has insufficient warnings on foreseeable risks, it is defective. If a product has an inherent flaw not within its marketing and design, it has a manufacturing defect. Products that are designed in a way that can foreseeably cause injury, where the injury risk could be reduced by design changes, are said to have a design defect.
Negligence-Based Firearm Cases
If a person was hurt or killed via a non-defective weapon, the victim or their family may be able to sue based on negligence. To prove a claim successfully, the victim must prove that the defendant owed them a duty of care, that there was a breach of duty and that the breach caused the injury. When determining the defendant’s duty to the plaintiff, the court will evaluate several factors, including the defendant’s conduct, the plaintiff’s injury, and the moral standing of the defendant’s behavior.
Finding Legal Representation
Injuries from guns are increasing, as are the number of firearm laws. Laws governing monetary recoveries in these cases are very complex. If a defective firearm has injured or killed someone, the victim or survivors may be able to sue under product liability laws. Product Liability Lawyers in West Palm Beach FL can examine the case and determine the true cause of the injury.