Injuries from Misfiring Guns: Holding Manufacturers Responsible

When a Defective Firearm Turns Dangerous

A firearm should respond when you pull the trigger and stay silent when you don’t. 

When it misfires, double-discharges, or explodes, you’re left dealing with injuries, shock, and a loss of trust in something that was supposed to protect you. You expected control, but you got danger instead and that’s not your fault.

At Horn Wright, LLP, our personal injury attorneys handle firearm defect cases across New York and also serve New Jersey, New Hampshire, Vermont, and Maine. Each state has its own spin on product liability law, but one thing stays consistent: manufacturers and sellers are legally responsible for keeping unsafe products out of your hands. 

If they cut corners in design or testing and you got hurt, we’ll help you hold them accountable for it.

What a “Misfire” Really Means

A misfire isn’t just a round that doesn’t go off. 

It can mean a hang fire that ignites seconds later, a slam fire that discharges during chambering, or a full-blown explosion caused by bad materials. 

When a gun acts outside its intended design, it’s a mechanical failure and that’s a manufacturer’s problem, not yours.

Our legal team works with firearm engineers and ballistics experts who take apart the gun, examine the evidence, and tell the full story of what went wrong. That clear, expert-backed explanation can make the difference between doubt and a solid case.

Common Defects That Lead to Misfires

Every malfunction leaves behind clues that tell you exactly what went wrong. These defects often come down to poor design, bad materials, or skipped inspections. Each one could’ve been prevented if manufacturers took safety seriously.

• Weak firing pins or worn springs – These parts cause incomplete primer strikes that delay or stop ignition. When the round fires late, users move the gun or re-chamber it, causing sudden, severe injuries. Proper materials and inspection could stop this before it ever reached you.
• Out-of-spec chambers – Poor machining causes uneven cartridge seating, which builds dangerous pressure. That pressure can rupture a case or even burst a barrel. Consistent testing during production would prevent catastrophic failures like this.
• Broken or ineffective safeties – A firearm that fires when “on safe” is the definition of defective. It’s proof that the design itself puts users in danger. When a company allows that defect through, liability is clear.
• Barrel obstructions from debris – Leftover metal fragments or residue from the factory can cause blockages. When a gun fires with an obstruction, it acts like a pipe bomb instead of a firearm. These accidents never happen when proper cleaning and inspection are done.
• Faulty ammunition included with a gun – If defective or mismatched rounds were bundled with the firearm, the manufacturer can still be liable. Unsafe ammo increases the chance of explosions, misfires, or blowbacks. Responsibility extends to whoever put it in your box.

How Product Liability Works in Defective Firearm Cases

Product liability law gives you the power to hold manufacturers accountable for unsafe products. In New York and nearby states, you don’t need to prove intent—just that the gun was defective and directly caused your injury.

Most firearm defect cases fall into one of three categories: design defect, manufacturing defect, or failure to warn. 

A design defect means the blueprint itself was unsafe; a manufacturing defect means the design was fine but something went wrong during production; a failure to warn means the company didn’t give adequate safety instructions. 

Each path has its own requirements, but all lead to one thing: accountability for avoidable harm. We build cases around expert reports, inspection data, and recall records that show how negligence unfolded. 

That’s how we connect your injury to their mistake and prove it shouldn’t have happened in the first place.

Preserving the Evidence That Proves What Happened

The physical firearm and its components are the strongest pieces of evidence you’ll ever have. That’s why it’s critical to handle them carefully after an incident. Even small actions like cleaning or disassembling the gun can destroy key proof.

• Keep the gun in its current condition – Don’t repair, oil, or modify anything after the misfire. We’ll secure it and preserve its condition through a verified chain of custody. Those untouched parts often tell the entire story.
• Save remaining ammunition and shell casings – Each casing holds forensic clues about pressure and firing pin impact. Those details can link your injury directly to a manufacturing failure. Storing them properly helps experts uncover the truth.
• Photograph everything immediately – Take pictures of your injuries, surroundings, and any visible gun damage. Clear, timestamped photos often beat memory or speculation. The visuals can confirm what words sometimes can’t.

How Manufacturers Try to Dodge Responsibility

Big gun companies and their lawyers know how to play defense. They’ll use every tactic to shift blame, and knowing their moves helps you stay one step ahead.

• Blaming modifications or upgrades – They’ll claim you altered the gun, breaking its warranty or safety systems. If our experts show the failure came from the original components, that defense collapses instantly.
• Pointing to ammunition issues – Manufacturers often blame bad rounds, even when the gun itself was unsafe. We counter that with testing that proves the firearm failed under normal, approved conditions.
• Calling it “user error” – They’ll argue you handled the gun wrong. With witness statements and expert analysis, we show the real issue—bad design, not bad handling.

They may even quietly point to a past recall and act like that absolves them. It doesn’t. If they didn’t issue clear notice or acted too late, that recall strengthens your case instead of weakening it.

What Compensation Covers After a Defective Firearm Injury

A firearm malfunction doesn’t just send you to the emergency room. It can change your life. Compensation exists to bridge that gap between what you’ve lost and what you’ll need to rebuild.

You may be entitled to recover medical expenses, lost wages, reduced earning capacity, and rehabilitation costs. Emotional trauma, chronic pain, and disfigurement are all part of what the law calls non-economic damages. In cases where a company’s actions were reckless or knowingly unsafe, punitive damages may also apply.

The goal isn’t to profit. It’s to restore. Fair compensation gives you the resources to recover without being buried by someone else’s negligence.

Taking On Gun Manufacturers with Confidence

Going up against a major manufacturer might sound intimidating, but that’s where strong representation changes everything. 

We work with metallurgists, engineers, and ballistics experts to uncover exactly how and where the failure occurred. Our team files fast, preserves every scrap of evidence, and challenges corporate defenses head-on.

If your injury involves multiple states, say you bought a gun in New Hampshire but were hurt in New York, we coordinate across jurisdictions so your claim doesn’t get trapped in red tape. You’ll always know what’s happening, what’s next, and how we’re fighting for you.

You’ve already been through enough. Legal strategy shouldn’t add to the stress. It should take it off your plate and give you a clear direction forward.

Reclaiming Safety After a Defective Weapon Injury

You trusted that firearm to function safely. When it didn’t, you were left with pain, questions, and a sense of betrayal. You deserve justice and a path to recovery.

At Horn Wright, LLP, our firearm accident attorneys represent firearm injury victims across New York, New Jersey, New Hampshire, Vermont, and Maine who were hurt by defective weapons. 

We hold manufacturers accountable, uncover the truth, and make sure the story doesn’t end with the accident. Learn why our work earned us national recognition and how that recognition reflects the dedication we’ll bring to your case.

You didn’t choose this injury. But you can choose what happens next. And that’s where your recovery begins. Contact our office to arrange your free case review.