A defective firearm can cause serious injuries. When a weapon discharges improperly, significant injuries can result. In other instances it is not the weapon that is defective but a modified trigger, magazine or holster. A defective trigger can unknowingly discharge the weapon when it is holstered. If you have been injured from a defective weapon or modified trigger on a gun contact our offices for a free case evaluation.
Defective Modified Gun Trigger
Triggers can be defective for a number of reasons. When the trigger manufacturer fails to properly design or assemble the trigger injuries can result when the weapon is holstered. For example when the trigger pin is lock-tight rather than a weld it can be considered a defect. Locktight assembly applies when the trigger is put together with a cement like thread. However this type of assembly often comes apart after the weapon is fired multiple times. As a result the trigger pin can snag against the holster and discharge. This type of accidental discharge can cause significant injuries which are often times permanent. It is our position that trigger manufacturers should know that a purchase of a modified fulcrum trigger would be purchased by a party who is likely a qualified marksman. Thus, they should take the proper precautions and engineer a product that can be used safely and without incident. Failing to use a more durable pin or applying a better technique rather than a locktight could hold a manufacturer responsible.
What Is a Defective Product Lawsuit?
A product liability lawsuit, essentially alleges that a manufacturer failed to produce a product that was free from any defect and thus was responsible for injuries. When asserting a defective product lawsuit there are a number of applicable theories, which include defective design, manufacturing or failure to warn. Manufacturing defects can be considered isolated incidents and are not generally applicable to all products designed by the manufacturer. Rather they refer to something that went awry in the assembly or manufacturing process. This can include human error or machinery error. In contrast a design defect applies when the prototype in which the product was molded against is inherently defective. As a result all products manufactured from the same prototype will have the same design flaw and thus be considered defective.
Holster Manufacturer Liability
In certain circumstances it is possible to hold the holster manufacturer liable. Under certain conditions it is possible to argue that the holster company could have foreseen the accident and thus they are in part liable. Since California is a pure contributory negligent state, it is possible to hold the holster manufacturer responsible for the degree of harm for which they are liable. Thus, if they are 10% at fault for not anticipating the better or alternative design then they will be responsible as such.
Other Liable Parties
In product liability claims all parties who are involved in the stream of commerce (ie sale and distribution of the product)can be held liable. In such a claim liable parties can include, distributors, wholesalers, retailers, resellers and used good resellers.
Calculating the Value of Your Case
Understanding the full extent of your injuries is critical in putting together a value for your case. Depending on the extent and condition of your injuries we can help assess the value of your case. For example if you were accidentally shot through the hand, leg or foot it could cause long term permanent injuries. In such cases the plaintiff will need care, treatment and other help to aid them in recovery. Other times they may be prematurely required to take an early retirement. Each case has its own special set of facts and circumstances and must be handled differently. We employ our team of expert to evaluate the weapon and begin work on your case immediately. Our firm does not waste time negotiating with insurance companies who will only deny or limit the value of your claim. Instead we file at once and aggressively move to get you the compensation you deserve.
If you have been injured from a modified trigger or a fulcrum Glockworx trigger that has accidentally discharged contact our offices for a free consultation. (888) 649-7166