Due to drop fire concerns in 2018, Walther issued a large recall on PPS M2 models, following manufacturing safety concerns. Defective handguns and accidental discharge accidents have been a growing concern for some time, and more models are recalled each year following accidents and injuries.
Safety Recalls were issued in November 2018 for Walther PPS M2 Pistols, though M1 models could also be affected. Walther Arms, Inc. discovered the unintentional discharge safety issue with the PPS M2 pistols and voluntarily recalled thousands of weapons.
Walther stated that under certain conditions, some pistols may accidentally fire when dropped. If consumers have one of the Walther handguns, they are urged to refrain from use until it is serviced. After the Walther PPS recall, all upgraded guns have a small dot milled into the magazine well opening.
Joe Lyon is an experienced Cincinnati, Ohio gun recall attorney and defective handgun lawyer reviewing cases involving drop fire accidents and the Walther PPS recall for injured plaintiffs nationwide.
Walther has noted that the following PPS M2 pistols may pose a safety risk:
If you have in your possession a recalled Walther PPS handgun, and have had an accident, contact a gun defect attorney. A gun manufacturer may be liable for injuries and deaths that result from a defective gun. The company asks consumers to follow the guidelines below when returning PPS M2 pistols:
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Many gun recall product liability cases have had a positive impact on consumer safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove firearms and change designs and warnings as a result of litigation.
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.
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.
Defective handguns on the market present safety and health hazards for adults and children. Cheap and defective guns may pose serious drop fire and accidental discharge risks. The manufacturers of handguns have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their product liability lawyer.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against firearm companies due to a defective or recalled handgun to obtain just compensation under the law.
(United States District Court for the Easter District of Kentucky)
The Lyon Firm represented a client who suffered a severe bullet 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 case was resolved for a confidential amount that will compensate the client for the compartment syndrome he suffered and the extensive scarring.