The 11th Circuit recently ruled that an Alabama woman may continue her product liability suit against a rifle manufacturer. The Alabama woman filed suit to hold the gun manufacturer accountable for what she believes was her husband’s unwarranted death.
While her husband was out hunting, his Remington Model 700 bolt-action rifle was attached to a rope and, according to authorities, discharged while he was 5 to 10 feet away from the rifle. The woman’s husband died as a result of his chest wound after the Remington fired. An issue in the case is whether the woman’s husband pulled the trigger himself or whether the gun fired due to a defect in its trigger system.
This lawsuit is not altogether surprising, considering that Remington settled a class action settlement for the faulty trigger mechanism on its firearms. The Model 700 was one of the rifles included in the class action lawsuit.
Defective firearms are a threat to Alabama hunters and other residents who use a firearm for personal defense or any other legal purpose.
Guns and Product Liability
Like all products, guns can be defective.
Unlike many other defective products, however, a defective gun can needlessly take the life of a responsible gun owner. Gun manufacturers understand better than most that their product must adhere to the utmost safety standards during every aspect of the design and manufacturing process.
Legally, there are several ways a gun manufacturer could be held accountable for product liability, including:
- Selling a Firearm Without Proper Safety Warnings or Instructions
- The Firearm Was Manufactured in a Way That Made It Easy to Use Improperly
- The Firearm Has an Especially Sensitive Trigger Mechanism But Lacks a Warning About This Quality
- Creating a Firearm With Any Dangerous Design Defect
- Creating a Dangerous Gun Due to a Flaw in Manufacturing
Alabama hunters and people who have used guns their whole life know that proper training and careful firearm use is essential. Otherwise, unnecessary accidents can occur. This is why gun owners who are new to handling a firearm need comprehensive safety and training courses to use a firearm with proper care.
Despite this, all the care in the world could not prevent injury or tragic accidents when the product itself has flaws. In these cases, the gun manufacturers or distributors need to bear responsibility for their mistakes that injure and kill responsible Alabama gun owners and/or their loved ones.
Noel B. Leonard represents victims of defective fire arms against gun manufacturers when their products are liable for the injuries caused to responsible gun owners. When tragedy strikes and a death or injury is caused by the use of a defective gun, Noel B. Leonard holds the negligent party accountable.
If you or a loved one has been the victim of a defective firearm and live in the city of Foley and/or Mobile, Baldwin and Escambia Counties, contact Noel B. Leonard or call (251) 943-8638 for a legal consultation.