Gun Maker Sued After Unintentional Firearm Death: A Wrongful Death Claim?

The devastating consequences of unintentional firearm deaths leave families grappling with profound grief and complex legal questions. Can a gun maker be held liable when a firearm malfunctions or is negligently used, resulting in a tragic loss of life? This blog explores the legal landscape surrounding lawsuits against gun manufacturers after an unintentional firearm death, examining the potential for wrongful death claims and the challenges they face.

The Heartbreaking Reality of Unintentional Firearm Deaths

Accidental shootings are more common than many realize. In 2023, approximately 2,100 people in Georgia died from gun-related injuries. While some deaths are suicides or the result of violent attacks, a significant number stem from unintentional firearm discharges. These incidents can occur due to mishandling, inadequate safety measures, defective firearms, or improper storage, leading to tragic and preventable fatalities. When such incidents occur, families often seek answers and justice, questioning whether the gun manufacturer bears any responsibility.

Understanding Wrongful Death Claims

In the wake of an unintentional shooting, families may consider pursuing a wrongful death claim. A wrongful death claim is a civil action brought by the deceased’s surviving family members against a party whose negligence or misconduct caused the death. In the context of firearm accidents, potential defendants could include the shooter, the firearm owner, the seller, or even the manufacturer.

The Complexities of Suing Gun Manufacturers

While holding a gun manufacturer accountable might seem like a straightforward path to justice, it’s fraught with legal complexities. A major hurdle is the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law enacted in 2005. The PLCAA generally shields gun manufacturers and sellers from liability when their products are used in crimes. This law provides broad immunity to gun manufacturers and dealers in federal and state court, protecting the gun industry from most civil liability claims. The law was enacted in response to a wave of lawsuits in the 1990s, where cities like Philadelphia and Chicago alleged that firearms contributed to public nuisances and exorbitant law enforcement costs.

Exceptions to PLCAA Immunity

Despite the broad protections offered by the PLCAA, there are several exceptions that allow lawsuits against gun manufacturers to proceed under certain circumstances:

Defective Firearms: Manufacturers can be held liable if a death or injury is caused by a defective weapon. This includes design defects, manufacturing flaws, or inadequate warnings about foreseeable risks associated with the product.
Negligent Entrustment: A manufacturer or seller may be liable if they knew, or should have known, that a firearm was likely to be used in a crime and still transferred the weapon.
Violation of State or Federal Law: If a manufacturer or seller violates state or federal regulations in the sale or marketing of firearms, they may be held liable for resulting damages.
Breach of Contract: A manufacturer can be sued for breach of contract.
Criminal Misconduct: A manufacturer can be sued for criminal misconduct.

Negligence and Gun Safety

Even if a firearm is not defective, a gun manufacturer can be sued for negligence. To succeed in a negligence claim, the injured person must show that the defendant (shooter, owner, seller, etc.) owed a duty to the injured person, that the duty was breached, and that the breach of the duty was the cause of the injury.

Examples of gun negligence include:

Leaving loaded weapons in storage, residences, or vehicles.
Failing to secure firearms and keeping kids or illegal users from accessing them.
Storing weapons without trigger locks installed.
Not making sure a firearm is empty before handling or cleaning it.
Not ensuring the gun’s safety is activated at all times until you’re ready to shoot at a legal target.

Gun owners or law enforcement personnel who carry firearms should be held to a greater standard of care and accountability because of the risks these weapons pose to others.

Recent Lawsuits and Legal Trends

Despite the challenges posed by the PLCAA, recent years have seen a growing number of lawsuits against gun manufacturers, signaling a potential shift in legal trends. Some states have enacted laws that create ways around the near 20-year immunity provided to gun manufacturers and distributors. For example, New York passed a law in 2021 that allows firearm sellers, manufacturers, and distributors to be sued by the state, cities, or individuals for creating a “public nuisance” that endangers the public’s safety and health. California has also passed laws requiring gun manufacturers to adhere to state standards for safety and marketing.

These lawsuits often focus on the way gun manufacturers design, market, and distribute their products. Plaintiffs argue that manufacturers bear responsibility for gun crimes because of their business practices.

Notable Cases:

Sandy Hook Settlement (2022): Families of the Sandy Hook shooting victims reached a \$73 million settlement with Remington Arms, alleging that the company’s marketing practices contributed to the tragedy.
Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos: The Mexican government is suing Smith & Wesson, alleging that the defendants “actively assist and facilitate trafficking of their guns to drug cartels in Mexico.
Gomelskaya v. Sig Sauer: A federal judge allowed a widow’s wrongful death lawsuit against Sig Sauer to proceed in state court after her husband died from an alleged unintended discharge of a P320 pistol.

The Impact of State Laws

Several states have taken legislative action to push back against the gun industry’s immunity. These laws often focus on holding gun manufacturers accountable for improper marketing or creating a public nuisance. For example, a 2021 New York state law allows gun makers to be sued for “improper marketing,” as well as “creating a public nuisance” should their weapons end up being used in a crime.

The Role of ATF Regulations

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) plays a crucial role in regulating the firearms industry. The ATF is responsible for enforcing federal gun laws, issuing licenses to manufacturers and dealers, and ensuring compliance with regulations. ATF regulations explain requirements for manufacturing, importing, buying, selling, and transporting firearms and ammunition.

Seeking Justice and Promoting Gun Safety

Pursuing a lawsuit against a gun manufacturer after an unintentional firearm death is a complex and emotionally challenging process. While the PLCAA presents a significant legal hurdle, exceptions exist, and recent legal trends suggest a growing willingness to hold manufacturers accountable for their actions.

If you have lost a loved one in an unintentional shooting, it is essential to consult with an experienced attorney who can assess the specific circumstances of your case and advise you on your legal options. A successful wrongful death claim can provide financial compensation for medical bills, funeral costs, lost income, and emotional suffering. More importantly, it can contribute to promoting responsible gun ownership and encouraging manufacturers to prioritize safety in their design, marketing, and sales practices.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have experienced a personal injury, you should consult with a qualified attorney to discuss your options.