When can I sue for firearm product liability?

On Behalf of | Apr 30, 2020 | Personal Injury |

Firearms are a unique area when it comes to product liability. It is a product that when it works correctly, it is deadly or at least can cause injuries. In an era where mass shootings are becoming more common, you may wonder if you could sue a firearm manufacturer for product liability if you were a victim of a mass shooting. This is where things get tricky.

According to the Ohio Revised Code, you cannot hold a firearm manufacturer liable for the actions of someone using its product. In general terms, this means you cannot sue the manufacturer if someone shoots you. However, it is still possible to sue a manufacturer in some situations where there is a product defect.

Defective product

If you suffer an injury because a firearm does not work in the way that it should, then you do have a product liability case. For example, if you are cleaning your gun and it discharges due to a defect in the safety mechanism, then you have a case. Any situation where the firearm fails due to a manufacturing or design defect is a valid liability situation for the manufacturer because it makes a promise to you that you get a firearm that is generally safe to use in normal operation.

Breach of contract

Another area where a firearm manufacturer does not have protection is if it breaches a contract or other type of agreement. This includes any warranty you may get when you purchase the firearm from the manufacturer. If you get a warranty from a seller, then you would have to hold the seller liable under the law instead.


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