What Laws Protect Gun Manufacturers from Injury Lawsuits?
Product liability laws enable injured consumers to file lawsuits against product manufacturers and distributors if they have defects or flaws that make them unreasonably dangerous to use. It is an injured consumer’s right to pursue damages after a product causes an injury. What happens, however, when the item itself is dangerous to use without a defect? Can someone file a lawsuit against a weapons manufacturer if the item injures him/her? Find out when you can and cannot bring injury lawsuits against gun manufacturers in California.
Typical Product Liability Lawsuits vs. Gun Lawsuits
The majority of product liability lawsuits have to prove at least one of three types of defects: a manufacturing mistake, design error, or marketing lapse. A manufacturing mistake is an accidental error that makes an otherwise safe product dangerous. A design error means that the item is inherently dangerous from the start. A marketing lapse can describe any failure to advertise the item in a way that’s reasonably safe for consumers.
Proving that an item contains one of these three defects results in a strict product liability claim, in which the injured victim does not have to prove the manufacturer’s negligence to be eligible for compensation. Simply showing that the defect exists and that the item caused the injury is enough to receive damage recovery. Without one of these defects present, however, it becomes the plaintiff’s burden to prove the defendant’s negligence in causing the accident in question.
“Negligence” refers to any action or failure to act that does not fulfill the defendant’s duty of care to the plaintiff. In cases involving guns and other weapons, a pressing question is: “Is a gun manufacturer liable for injuries that a gun causes?” A few different laws will answer this question: state product liability laws and the Protection of Lawful Commerce in Arms Act.
Exceptions to the Protection of Lawful Commerce in Arms Act
The Protection of Lawful Commerce in Arms Act, signed into law by President George W. Bush, protects gun manufacturers from liability when someone commits a crime using their products. In other words, if someone shoots you with a gun, you cannot file a claim against the manufacturer of the weapon for responsibility for your injuries. This does not, however, protect gun manufacturers wholly from all types of liability. A victim could still bring a claim in certain situations.
You might not be able to file a claim against a gun manufacturer for lawfully selling a weapon to a person, but that doesn’t mean weapons dealers are completely immune to all types of legal actions. Just like any other manufacturer, a gun maker could face legal accountability for creating a defective gun that injures someone. If an assembly line error, for example, makes a gun that backfires when shot, the manufacturer could be liable for injuries that result from the backfire.
According to the act, consumers can also file claims against gun manufacturers for breach of contract and criminal misconduct, much like manufacturers of other products in America. A gun manufacturer or distributor could also face liability for acts of negligence it commits that result in harm to others, such as selling a gun to someone while knowing that he or she was going to use the weapon to commit a crime.
Contact an Attorney About a Lawsuit Against a Gun Manufacturer
After a gun hurts you or kills a loved one, don’t assume the law bars you from pursuing recovery from the weapons manufacturer or seller. Contact an attorney in San Diego to discuss your unique case. You could qualify for an exception to the rule that makes you eligible for significant compensation. A lawsuit might result in restitution for your hospital bills, pain and suffering, lost wages, or the loss of a loved one’s life in California. Don’t go down without a fight after a gun causes you an injury. Contact a San Diego personal lawyer for more information.