Products Liability: Firearms and Explosives
Can a Manufacturer of a Defective Firearm or Explosive be Held Liable for Injuries Resulting from the Use of the Product?
Yes, if the product was negligently manufactured. Unlike some products, defective firearms and explosives do NOT make a manufacturer strictly liable for resulting injuries. In order for an injured person to recover, they must show that the manufacturer failed to exercise reasonable care in producing the firearm or explosive.
What is Considered "Reasonable Care" for Firearm and Explosive Manufacturers?
Reasonable care can vary greatly depending on the type of firearm or explosive being used, and the level of danger it presents. Some of the more common requirements for reasonable care include:
- Limiting additional ingredients in explosives that increase their dangerousness
- A reasonable inspection of the firearm or explosive to discover potential defects
- Reasonable testing of the firearm or explosive to ensure safe and proper usage
- Warning customers of potential dangers from use of firearm or explosive (within reasonable limits)
What if the Injured Person is Someone Other than Original Purchaser?
States vary on whether recovery for injury from a defective firearm or explosive extends beyond the person who originally bought the product. Some states only allow purchasers to be compensated for any injuries, while others don’t. Other states even provide specific laws and statutes that define who can recover for injuries from a defective firearm or explosive.
How Can a Lawyer Help Me?
If you were injured as a result of a defective firearm or explosive you should contact a personal injury attorney as soon as possible. A lawyer can inform you about specific products liability laws in your state, as well as the success rate of cases similar to yours.
Consult a Lawyer - Present Your Case Now!
Last Modified: 10-06-2011 11:19 AM PDT
