The subject of gun safety is a hot topic these days, and you can find opinions about the subject at every point on the spectrum. Depending on whose hands they are in, they can be the most dangerous objects around. Some would argue, though, that in the right hands they ensure everyone’s safety. But what about when they are defective? In that case, they could be dangerous no matter whose hands they are in. Recently, a South Florida gun dealer has come under fire for manufacturing and selling AK-47 rifles that are allegedly defective; the claim is that the rifles can fire on their own, without anyone actually pulling the trigger. According to this story about the rifles firing on their own, even when the safety is set on the rifle, the gun fires unexpectedly, and people are worried about the various outcomes that could potentially happen if this firearm is, in fact, defective and the problem is not addressed.
Where Does A Defect Originate?
Product defects come in different forms – design, manufacturing, and marketing. A design defect is self-explanatory – it is simply a defect in the way a product is designed. Marketing defects are those that arise based on the way a product is sold, such as faulty instructions for use or inadequate warnings. A manufacturing defect is a problem with how a product was produced – something was not done right during the time the product was made. A manufacturer can be held liable for a product that has a manufacturing defect even if extreme care was taken in producing the product – a concept known as strict liability or liability without fault; this is thought to encourage manufacturers to strive for perfect product safety.
What If There Are Multiple Parties In An Accident Involving A Defective Product?
Florida Code Section 768.81 sets forth the law with respect to assigning damages in product liability cases and states that in cases in which injuries received in an accident are made worse by a defective product, the fault of all parties who had a role in the accident will be considered and the fault will be apportioned between them. So what does this mean in a case of a rifle that goes off on its own due to a manufacturing defect? According to the strict liability standard above, if there is one party responsible for the manufacture of the product, and the product is found to have a manufacturing defect, the manufacturer would most likely be held solely liable for damages caused by the defective product.
Contact A Legal Professional For All Of Your Personal Injury Needs
If you have suffered personal injuries as the result of a defective product, attorneys with a deep understanding of all types of personal injury matters are available to help you understand your rights. In times like these, you need to be able to obtain reliable information from an attorney you can trust. An experienced legal professional will be able to review the facts of your case with you and help you to understand what you may be entitled to and how to pursue it. Contact a Miami personal injury attorney today to start moving towards recovery.