Ohio Handgun Recall Attorney

It depends. Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.

In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus will be on the condition of a firearm at the time it left the manufacturer. If a handgun is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.

Some guns have faulty triggers, safety mechanisms, tendencies to fire when dropped, or may be made of inferior materials that cause accidents. 

A firearm may be defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:

(1)  Manufacturing/ Gun Construction Defect:

These issues arise where the firearm is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials.

As a result of the deviation, the firearm enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.

(2) Defective Gun Design and/or formulation:

Defective firearm design product cases arise not because a mistake was made during the manufacturing process, but rather the original design of the gun is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.

Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. 

(3) Failure to warn or inadequate warning or instruction associated with the product:

All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the use of a handgun unsafe, the manufacturer is liable for the failure to place the warning.

(4) Misrepresentation:

The firearm fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.

The warranty may be written or implied based upon the products intended purpose and merchantability. 

Risks:  The following factors are considered under Ohio law when determining the risks associated with the design of a handgun:  (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.

Benefits: The following factors are considered under Ohio law when determining the benefits associated with handgun design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)

Firearm manufacturing largely goes unchecked and gun companies are mostly policing themselves. This is a reason why many guns are sold and later malfunction. If a quality control process fails to catch defects, the consumer is bound to suffer the consequences.