Defective Gun Holsters & Preventable Injuries: What Are Your Rights?
Defective consumer products of all types can pose risks of preventable injury and death to those who use them, even when they use them as intended. However, defects with certain types of products can substantially elevate those risks. That’s precisely the case with defective firearm holsters – which can pose risks of firearm owners and users being shot, accidental discharges that cause significant harm to others nearby, and tragic preventable deaths.
Firearm Holster Defects
Manufacturers, distributors, retailers, and other businesses that make consumer products available to the public have an obligation to ensure the safety of those products, and take steps that reduce risks posed to customers. That is the case with any business involved in the design, manufacturing, and modification of firearm holsters, which must function as intended in order to reduce risks of serious injury and death for both gun owners and those around them.
Unfortunately, corporations that manufacture, design, market, or modify products don’t always uphold the duty of care they owe consumers. In fact, there have been growing concerns about such failures among companies responsible for creating gun holsters with defects that make them inherently dangerous.
Common issues involving gun holster defects and personal injury lawsuits:
- Custom molded holsters – Today, many firearm retailers offer custom-molded, “while-you-wait” holsters, which are intended to provide a comfortable, custom fit without compromising safety. However, technicians who fail to properly modify the fit to protect the trigger guard after the molding process can increase risks that the defective holster itself may pull the weapon’s trigger and cause unintended misfires or accidental discharges. Consumers are being advised that the defect may not cause a discharge until the holster is being worn on a person’s body, and may not be detected by even the most experienced firearm owners.
- Increasing lawsuits – Defective firearm holsters have been implicated in a number of lawsuits across the nation. This includes a recent lawsuit filed in Nebraska by a federal employee who suffered injury after his firearm discharged while in its holster, a lawsuit involving a firearm that fell out of a defective holster and discharged when it struck the ground, and many others involving similar incidents victims argue could and should have been prevented if not for product defects. Law enforcement officers across the country have also filed lawsuits, and some agencies are now choosing safer and more secure holsters after defective holsters were implicated in cases of accidental discharge or individuals being able to grab holstered weapons.
- Product liability – Personal injury or wrongful death lawsuits involving defective holsters focus on product liability, an area of law victims can use to hold manufacturers and other companies financially responsible for losses caused by defective and unsafe products. These claims may allege injuries or death were more likely than not caused by products that were defectively designed (i.e. unsafe designs, improper custom fits), defectively manufactured (i.e. poor quality materials or poor craftsmanship), and defects in labeling, marketing, and instruction.
- Recovering damages – Victims who suffer harm and losses as a result of defective holsters can file civil lawsuits to recover their damages. In personal injury cases, this can include a range of economic and non-economic damages, such as medical bills, a victim’s pain and suffering, future medical expenses, lost wages or lost future earnings, emotional suffering, and more. In cases involving defective holsters that cause or contribute to wrongful death, families also have the ability to seek compensation for their damages, such as lost emotional and financial support.
Discuss a Potential Gun Holster Defect Lawsuit
If you or someone you love has suffered an injury as a result of a firearm holster you believe was defective – including defective custom-fit holsters and incidents involving civilians, shooting ranges, workplace accidents, law enforcement, or military products – Spohrer Dodd is available to help. Over the years, our Board Certified lawyers have leveraged over 150 years of collective experience to establish our firm as an elite personal injury practice, and recover more than $1 billion in compensation for clients. We’re prepared to put our insight and experience to work for you.
To request a FREE and confidential consultation about your rights, options, and how Spohrer Dodd can help, call (904) 637-7721 or contact us online.