Air Gun Lawsuits
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Air Gun Lawsuits
An air gun, also referred to as an airsoft gun, fires a small plastic pellets at a high range of speed via compressed gas or air containers. Air guns are legal in most states and are not classified as firearms. Common injuries caused by air guns include welts, bruises, fractures and serious eye injuries. A person can sue for the injuries caused by an air gun depending on the circumstances. For example, an individual may have used the gun negligently or it may have been manufactured in a defective way.
What Is an Ultrahazardous Activity?
Recovering damages in a negligence lawsuit can be difficulty because participating in a sport using an air gun may be deemed as participating in an ultrahazardous activity. This sort of activity is highly dangerous, such as sky diving or paintball. In majority of these situations, a person has already signed a waiver releasing the organization or a person from being liable of any injuries sustained.
How Is Negligence Determined in an Air Gun Lawsuit?
Negligence is determined by whether the defendant used the ordinary care an individual in the same or similar situation would have. Specific elements are used to determine whether the defendant was negligent:
- Breach of Duty
- Cause, including actual and proximate cause
Can I Sue If the Air Gun Was Defective?
A defective product causes an injury because it possesses a design defect, a lack of a proper warning label, or a manufacturing defect. To prove the air gun was defective, a plaintiff must show:
- The air gun had an unreasonable defect in it
- The defect caused the injury while the air gun was properly used
- The gun was not modified in a substantial way after it was purchased
Do I Need an Attorney for an Air Gun Lawsuit?
Yes, a personal injury attorney will be able to help you determine if you have grounds for a lawsuit against the manufacturer or user of the air gun. Also, an attorney will file a negligence or defective product lawsuit on your behalf.
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Last Modified: 01-03-2017 10:39 AM PST
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