What Is Negligent Discharge? What Is Accidental Discharge?

When a firearm discharges unintentionally, the accidents are sometimes called “negligent discharges.” This suggests the fault lies completely on the person handling the weapon. However, in many cases, the accident can be due to defective guns, in which case, liability should lie with the manufacturer.

Is accidental discharge a crime? In some cases, it can be. However, many novice shooters are often on the wrong end of negligent discharges for a variety of reasons. Gun safety and gun education are crucial in preventing unintentional discharging accidents.

An accidental discharge of a firearm describes the unintentional firing of a weapon due to defective design, mechanical failure or gun malfunction. You might be wondering, “How common are accidental discharges?” There are countless incidents every year where guns malfunction and unintentional discharges injure and kill an innocent person.

The Lyon Firm works to understand the cause of an accident and to hold either the gun owner or gun manufacturer liable for the accident.

Manufacturers recalling defective guns include:

• Walther
• Remington
• Taurus
• Savage Arms
• Sig Sauer
• Ruger

What is a Drop Fire?

If a gun fires when it is dropped, that is called a drop fire. Handguns are meant to be safer than ever these days, but consumers are still reporting a large number of drop fire accidents.

Sig Sauer has been sued more than once due to drop fire defects, and large settlements have been reached by injured plaintiffs. The Sig Sauer P320, sold to the US Army, was determined to be defective as it fired when dropped at a certain angle. The gun is also popular with police departments and consumers. There have been several reports of the gun firing when simply being holstered.

What Injuries Are Associated With Accidental Discharge?

As with most other gun-related accidents, accidental firing incidents can be serious or even fatal.

• Hand injuries
• Injuries to the legs or feet
• Torso wounds
• Scarring and disfigurement
• Fatal injuries

If an accidental discharge has caused a fatality, it may be necessary to file a wrongful death lawsuit. This will hold the responsible parties accountable for their negligence and provide the surviving family members with financial compensation for the costs associated with the person’s death.

What Do Ohio Gun Laws Say?

In 2019, Ohio had an average gun death rate among all states. Ohio issues concealed weapons permits at the county level by the county sheriff in the applicant’s county of residence. There is no gun permit, background check, or firearms registration required for consumers buying a handgun.

Open carry is legal in Ohio without a permit, with the exception of vehicles or in businesses that sell alcohol. The minimum age for handgun possession is 21 years old. Ohio residents 21 years of age and older may obtain an Ohio Concealed Handgun License (CHL). With registration, gun owners must complete eight hours of firearms training.

Current and former servicemen and women can obtain an Ohio CHL without paying the fee or going through the concealed carry class. Non-residents of Ohio can obtain a CHL if they work in Ohio, and Ohio honors gun permits issued by any state.

Ohio adheres to the Castle Doctrine in your residence or vehicle. This means that, under Ohio law, a person is justified in using force with a weapon if he or she “reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.”

Ohio law does not:

• Require a background check prior to the transfer of a firearm between private parties
• Require firearms dealers to obtain a state license
• Limit the number of firearms that may be purchased at one time, or
• Impose a waiting period on gun purchases

Defective Handgun Accidents

Malfunctioning handguns can lead to drop fire incidents, often overlooked, and can lead to accidental discharge lawsuits.

Safety agencies in the United States hold manufacturers to strict safety standards for the majority of consumer products. But the gun industry has largely been insulated by the sizable gun lobby. There are no federal regulations regarding firearm safety standards, and guns produced within the United States have little consumer protection oversight.

U.S. federal law is lax on gun design safety standards, and firearms and ammunition are exempted from safety standards set forth by the federal Consumer Product Safety Act. Because of the little oversight, there are many firearms manufactured and sold in the U.S. without undergoing proper safety testing.

Many guns sold in the U.S. do not even have basic safety features. Defective firearms play a role in unintentional shootings, drop fire accidents, and wrongful gun deaths.

Any failure to protect consumers that results in shooting accidents and injury can lead to lawsuits filed by plaintiffs and their gun defect lawyer.

What Are Accidental Discharge Lawsuits?

Following injuries, an accidental discharge lawsuit can help recover medical costs, lost wages, as well as punitive damages against a manufacturer for negligence and the disregard for the safety of consumers.

In addition, such a lawsuit can often help improve gun safety standards as various defects are brought to light.

To build the strongest case possible, contact a gun recall attorney with experience in product liability litigation. Joe Lyon works with industry experts to determine the root cause of any gun accident, and holds gun manufacturers responsible for defective firearms that lead to injury and death.

Gun manufacturers take advantage of the lack of consumer protection oversight in the gun industry. They are still, however, accountable for dangerous gun design defects.

In 2010, an investigation revealed that Remington Arms sold millions of defective rifles that resulted in several accidental discharge deaths and injuries. The company hesitated to recall the guns and eventually redesigned the trigger, but only after serious legal pressure.

Defective handguns and other firearms with defects can easily lead to severe injury and death, and your defective gun attorney can hold manufacturers responsible in product liability, wrongful death and personal injury cases.

(United States District Court for the Eastern District of Kentucky)

The Lyon Firm represented a client who suffered a severe gunshot wound to his arm when the gun inadvertently fired in a “drop-fire” incident.

The 9mm handgun had a recognized defect, and a recall had been initiated by the manufacturer and supplier. However, the recall was inadequate and didn’t get to the end purchaser. Numerous reports including videos of the event occurring had been reported to the company.

The drop fire case was resolved for a confidential amount that will compensate the client for the compartment syndrome he suffered and the extensive scarring.

Read what our previous clients are saying about our legal services:

“Mr. Joe Lyon went above and beyond what was necessary in helping me through every step of my wrongful death lawsuit. Showing actual concern and empathy for my situation. All I can say is thank you for everything.”
– Lance G.

“The Lyon Firm is dedicated to their clients and obtaining the best outcome. I highly recommend their legal services.”
– Esther A.

“Joe Lyon took on the major part of a suit my husband & I wanted filed that other attorneys said had no merit and got a 7 figure settlement. I would highly recommend him.”
– Donna U.