Gun Defect Cases | Wheeles & Garmon Attorneys at Law

Almost 20 years ago, we represented a man who had been injured after his pistol fell out of its holster, struck the floor, and fired without the trigger being pulled. We discovered that the gun in question would fire if dropped, that the manufacturer had not done any safety testing, and that the manufacturer knew the firearm would fire if dropped. Despite this, the manufacturer failed to take action.

Now, fifteen years later, gun defect litigation has developed into a key practice area for us, and we have represented many individuals and families who have been harmed by defective firearms.

How Did Wheeles & Garmon Start Handling Gun Defect Cases?

The 2nd Amendment to the U.S. Constitution states that “the right of the people to keep and bear arms, shall not be infringed.”

In District of Columbia v. Heller (2008), the U.S. Supreme Court ruled for the first time that this right extends to individuals for self-defense in the home.

There are more guns than people in the United States. In 2018, there were 393 million

civilian-owned firearms in America and only 326 million people.

That’s one gun for every man, woman, and child in America with 67 million guns left over. (Small Arms Survey, Graduate Institute of International and Development Studies, Geneva, Switzerland).

Defective Firearms

Defective firearms can have catastrophic consequences, endangering the lives of users and those around them. If a firearm fires without the user intentionally pulling the trigger, it is considered defective and poses a significant risk.

At Wheeles & Garmon, we specialize in holding manufacturers accountable for these dangerous defects, ensuring that victims receive the justice and compensation they deserve.

What is Considered a Defective Product?

A product is considered defective if it is unreasonably dangerous for normal use. There are three main types of defects:

Design Defects: Unsafe design poses risks even when used correctly.
Manufacturing Defects: Flaws introduced during production make the product unsafe.
Labeling/Marketing Defects: Missing or incorrect safety information or warnings.

A firearm is considered defective anytime it fires without the user intentionally pulling the trigger. If it can fire without the trigger being pulled, or if it doesn’t meet the reasonable expectations of the consumer, then it is defective. This is particularly relevant to catastrophic failures of the gun.

For example:

Shotgun Explosion: For example, if you are dove hunting with a shotgun and it explodes when you pull the trigger.
Pistol Component Failure: If you are firing a pistol and the components break while firing.

Some manufacturers have higher standards than others. We typically compare the conduct of the manufacturer who designed a defective, unsafe gun with that of the manufacturer who made a safe gun.

Watch this video to see how a defective firearm can discharge without the trigger being pulled, a dangerous phenomenon known as a drop-fire. Learn why proper safety mechanisms are critical to preventing such incidents and how Wheeles & Garmon Attorneys are fighting to hold manufacturers accountable for these serious defects.

Understanding

Drop-Fire Risks in Defective Firearms

Watch this video to see how a defective firearm can discharge without the trigger being pulled, a dangerous phenomenon known as a drop-fire. Learn why proper safety mechanisms are critical to preventing such incidents and how Wheeles & Garmon Attorneys are fighting to hold manufacturers accountable for these serious defects.

A shotgun can pose catastrophic risks if it explodes upon firing, often due to defects in its design or manufacturing.