Injuries Caused by Defective Guns

When the Weapon Itself Is to Blame

Most people assume gun injuries happen because someone was careless. But sometimes, even a trained and cautious person can be doing everything right when the weapon itself fails. A handgun fires while being cleaned. A hunting rifle explodes backward. A safety mechanism jams. These moments aren’t accidents caused by misuse, they’re failures born inside the weapon itself.

At Horn Wright, LLP, our personal injury attorneys have handled cases where the gun was the danger. We’ve seen clients lose fingers, suffer burns, or face lifelong disabilities because a firearm didn’t work as intended. A gun that misfires isn’t a simple malfunction, it’s a betrayal of trust. When a manufacturer sells a dangerous product, they are legally and morally responsible for the harm that follows.

Common Manufacturing Defects in Firearms

Firearms are complex machines built to contain controlled explosions. When a single component fails, that explosion can become uncontrolled in an instant. Common defects that lead to injury include:

• Faulty firing pins or sears that cause unintended discharge.
• Improperly heat-treated barrels that crack or explode under pressure.
• Defective safeties that fail to prevent firing when engaged.
• Misaligned chambers or slides causing bullets to jam or ricochet internally.
• Inadequate testing of new models, letting unsafe designs reach the market.

In New York, both federal product safety regulations and state consumer protection laws apply. Manufacturers must ensure their weapons meet basic performance standards and are safe for foreseeable use. When they skip testing, ignore reports of similar injuries, or conceal known flaws, they violate that duty.

We’ve worked with victims hurt by everything from small revolvers to hunting rifles. In many cases, the problem wasn’t user error but a pattern, a flaw found in hundreds of identical weapons that were rushed into stores without proper review.

How Product Liability Applies to Gun Defect Claims

Product liability law exists to protect consumers from exactly this kind of danger. When a firearm causes harm because it was defectively designed, manufactured, or marketed, the law allows injured victims to seek justice directly from the companies responsible.

New York follows three primary theories of product liability:

1. Manufacturing defect — a single gun left the factory with a flaw that made it unsafe.
2. Design defect — the model itself was inherently dangerous, even when built correctly.
3. Failure to warn — the company didn’t provide adequate safety instructions or warnings about foreseeable risks.

These rules come from New York’s Product Liability Law under Restatement (Second) of Torts §402A, applied through state precedent. Federal oversight by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) adds another layer, though it doesn’t replace the civil right to sue.

Unlike personal injury cases based on negligence, product liability doesn’t always require proof of carelessness. If a gun left the factory in a defective condition and caused injury during normal use, the manufacturer is strictly liable. That means victims don’t have to prove intent, just defect and damage.

Evidence That Proves a Manufacturing or Design Flaw

Gun defect cases hinge on hard evidence. The firearm itself becomes the central witness, and how it’s preserved can determine the outcome. Lawyers and forensic experts analyze the weapon in detail, looking for clues invisible to the untrained eye.

Critical evidence includes:

• The weapon itself, secured before it’s altered or repaired.
• Ballistics and metallurgical tests showing cracks, stress fractures, or firing pin misalignment.
• Manufacturer recall records or service bulletins indicating known problems.
• Expert testimony from engineers familiar with firearm design.
• Similar incident reports, which prove a defect wasn’t isolated.

In one case we reviewed, a semiautomatic pistol discharged while being holstered, something its manufacturer claimed was impossible. Independent testing showed that the trigger bar could catch under certain angles, firing without pressure from the user. The company quietly recalled the model months later, but our client’s life had already changed forever.

Preserving the weapon is the first rule. Never surrender it to an insurer or dealer without a lawyer’s guidance. The smallest scratch, the slightest “repair,” can erase the evidence that tells your story.

In Maine, Product Liability Laws Offer Weaker Protections Than in New York

Gun defect victims in Maine face a tougher legal road than those in New York. While both states recognize product liability, Maine’s laws are narrower and more restrictive.

Key differences include:

• Shorter filing deadlines, generally six years, but often reduced in practice for product cases.
• Damage limitations, capped punitive damages and narrower compensation for pain and suffering.
• Fewer presumptions of defect, meaning plaintiffs must produce more technical proof.
• No specific consumer-protection statute for defective firearms, leaving federal law as the only recourse.

New York’s courts, by contrast, have a long record of holding manufacturers accountable for unsafe designs. Victims can use both strict liability and negligence theories, giving more ways to win compensation. They can also claim emotional distress and loss of consortium in addition to physical harm.

This difference often surprises people injured while visiting other states. A case that would succeed under New York precedent may fail entirely across the border in Maine.

Legal Remedies for Victims Injured by Defective Firearms

When a gun fails and someone gets hurt, the path to recovery runs through both state and federal civil courts. New York law provides multiple forms of relief for injured victims:

• Medical expenses, including hospitalization, surgery, and rehabilitation.
• Lost wages and future earning potential.
• Pain and suffering, recognizing both physical and psychological trauma.
• Permanent disability or disfigurement.
• Property damage from explosions or fires caused by the weapon.
• Punitive damages, in cases of reckless disregard by the manufacturer.

Families who lose loved ones can bring wrongful death claims under EPTL §5-4.1, seeking compensation for lost support, funeral costs, and conscious pain and suffering before death.

Federal law doesn’t shield gun makers from liability in defect cases. While the Protection of Lawful Commerce in Arms Act (PLCAA) protects against certain claims tied to criminal misuse, it explicitly allows lawsuits for defective products. That distinction matters, it means victims still have a voice in civil court.

Why Expert Testimony Is Crucial in Gun Defect Cases

To most people, a gun looks fine until it isn’t. To an engineer or ballistic expert, small irregularities tell a story. Expert testimony bridges that gap, translating the technical into the understandable.

Experts can:

• Recreate firing scenarios in controlled environments.
• Demonstrate how specific defects cause unintended discharge.
• Compare weapon components to design specifications.
• Explain how industry standards were violated.

Judges and juries often depend on these professionals to see what the naked eye can’t. Their analysis carries immense weight, particularly when manufacturers claim “user error.” In New York courts, properly qualified experts can turn a complicated case into a clear narrative, one where responsibility becomes undeniable.

In one case involving a popular shotgun model, our expert traced the failure to a worn sear mechanism that should have been recalled years earlier. That discovery not only secured compensation for our client but prompted federal scrutiny into the company’s safety testing.

Horn Wright, LLP, Pursues Justice for Victims of Defective Guns

When a firearm fails, lives change forever. Victims don’t just face surgeries or scars; they face questions that linger, How did this happen? Could it have been prevented?

At Horn Wright, LLP, our personal injury attorneys fight for those answers. We investigate manufacturing records, consult with metallurgists, and hold negligent companies accountable. Whether the defect lies in the barrel, the trigger, or the safety mechanism, we uncover what went wrong, and why it should never have reached the market.

We’ve handled cases against both large manufacturers and small custom builders. The process is detailed, technical, and often confrontational, but we don’t back down. Every defective weapon represents a broken promise, one that deserves to be made right.

Justice in these cases isn’t only about compensation. It’s about making sure no one else picks up that same model tomorrow, unaware of the danger it hides.