If I suffered a shoulder injury from gun because my rifle misfired, is that a defective firearm for which a claim can secure monies for a gun hunting injury?

If a rifle misfired and caused a shoulder injury from gun, damages can be filed only if it was caused by a defective firearm. The defect may stem from malfunctioning of the trigger and/or safety. At the same time, it would only be worth pursuing a gun hunting injury claim if the physical harm suffered was significant.

Evidence Necessary to File a Claim against a Rifle Manufacturer

Gun accidents frequently are caused by misuse of the weapon. It will be up to the injured person to prove that the shoulder injury from gun was something other than that. If the safety fails and it misfires, or it goes off without even pulling the trigger, these could be caused by a defect in the design and/or manufacturing.

Injuries Caused by a Defective Rifle Must be Significant

Injured victims who would want to hire a defective product attorney should be able to say the following occurred because of the Clarksburg gun hunting injury:

  • multiple surgeries;
  • becoming disabled;
  • chronic, life-altering pain; or
  • a long-term recovery.

A lawsuit may be filed against the manufacturer of the rifle in these cases. Of course, there could also be others who are liable for injuries. Anyone involved in the chain of distribution who bears some responsibility could be included in the claim, such as the company that designed the rifle or parts (trigger/safety) or the retailer that sold it.

The corporations that make guns have, by the nature of the products that they create, protections and law advisors in strong numbers. The language used to protect these companies from mishaps that consumers suffer by using their products can be confusing for those not well versed in law.

Additionally, victims who can even prove that they did not misuse the product must go the extra step to prove that the injuries were serious, when of course, most gunshot wounds wouldn’t be considered “minor.” For these reasons, most gunshot wound sufferers find it is in their best interest to hire defective product attorneys for their claims.

The Miley Legal Group, is a longstanding West Virginia institution that has experience with claims like these. One of our representatives will be more than happy to discuss your circumstances. Call us at (304) 931-4088.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group