As Americans, we have the right to own guns. Although guns allow us to protect ourselves, guns can be dangerous if they get into the wrong hands – specifically the hands of people who do not understand how risky handling a gun could be or how to handle a gun safely. Guns are generally required to be kept in gun safes which are supposed to keep guns out of reach but easily accessible whenever they are needed.
Unfortunately, there have been a number of issues surrounding gun safes – issues that have resulted in injuries and fatalities. There have been a number of instances in which gun safes have failed – resulting in the gun safes being opened by children and failing to open whatsoever (which can be dangerous in home invasions, for example).
Gun safes continue to be trusted even though they have been associated with significant harm. If you or a member of your family suffered any type of harm because a gun safe failed to work as intended, it is essential that you seek legal assistance as soon as possible – as you might have grounds to file a claim. For more information about your right to sue (and possibly receive compensation), do not hesitate to seek legal assistance with the product liability lawyers at Normandie Law Firm as soon as possible.
Normandie Law Firm is a personal injury law firm with many years of experience handling a variety of claims, including defective liability claims. At our law firm, we are dedicated to ensuring that all parties have access to the legal assistance necessary to pursue claims. Our lawyers are dedicated to guiding claimants towards successful claim outcomes. If you would like to discuss your claim with our experienced product liability attorneys, do not hesitate to contact our firm at your earliest convenience.
What is Product Liability?
Based on product liability, all companies have a duty towards their consumers. They have the duty to ensure that all their products are safe to be used by their consumers. To ensure that their products are safe for their consumers, companies have to subject their products to rigorous testing and inspections, for example. The purpose of all tests and inspections is to identify and address any possible hazards that could pose a risk of injury for consumers. As mentioned, companies have the duty to ensure that their products are safe to be used. When companies make defective products available to consumers, they are actually breaching their duty of care to consumers. This puts them at risk of suffering injuries. Whenever harm is directly associated with a breach of duty, the company can be held accountable – and liable for all the harm suffered. If you would like to learn more about product liability, do not hesitate to seek legal assistance as soon as possible.
Gun Safes and Children
In 2013, in Vancouver, Washington, a toddler died after he was able to access a gun that had been stored in a gun safe. According to reports, the gun safe had a defective lock, allowing the child to access the gun – he accidentally shot himself in the face. The child’s parents, Eddie P. Owens (a sheriff’s deputy at the time) and Kristie Owens heard a loud noise – which was later determined to be the gun shot. Just a few seconds later, their daughter came downstairs to complain of the noise which she believed to be the toddler slamming a door and the sudden ear ache. The parents ran upstairs to the bedroom and found their toddler on the floor with a gunshot wound; just a short four hours later, the toddler died in the E.R.
When incidents like this happen, it is easy to blame the parents – after all, their supervision could have prevented something like this from ever happening. However, investigations into the incident concluded that the Owens’ were not negligent in any way. In fact, investigations into the incident concluded that the locking mechanism on the gun safe (a Stack-On safe) failed, allowing the child to access the gun in the gun safe.
Defective locking mechanisms have always been an issue with gun safes and similar products. The Stack-On brand of gun safe (which was the brand involved in the Owens’ case), in specific, never issued a recall or even acknowledged the fact that their defective locking mechanisms allow children to open their gun safes. The company completely denied any wrongdoing whatsoever – even after the death of the innocent toddler.
Other companies, however, have taken action. In 2014, GunBox gun safes were recalled; according to the recall (number 14-730), the locking mechanism can open if the gun safe is dropped – allowing easy access to the contents inside the gun safe. Likewise, in 2019, Alpha Guardian issued a recall (number 19-087) for their Stack-On Sentinel gun safe; according to the recall, a bolt malfunction can allow the safe to be opened without a key or combination.
If gun safe locking mechanisms are defective resulting in children being able to access the contents of the safe, the company that manufactured the defective gun safe could be held liable for any injuries or death associated to their defective products.
Gun Safes and Home Invasions
If locking mechanisms could make it possible for gun safes to be opened without keys or combinations, is it possible for locking mechanisms to make it impossible to open gun safes? Considering that defective locking mechanisms could result in gun safes opening without keys or combinations, it is also possible for defective locking mechanisms to prevent gun safes from opening even with the correct keys and combinations.
Although there are no official announcements (such as recalls) surrounding the risk of gun safes not opening appropriately due to defective locking mechanisms, there are plenty of informal sources (forums, for example) that make it clear that many people have had problems accessing the contents of their gun safe due to a defective locking mechanism that simply would not open as it was supposed to.
One person in particular wrote that the gun safe was not opening even after inputting the correct digital combination and seeing the green light flashing to confirm that the combination was correct. A few responses recommended that consumers with a safe that wasn’t opening should push the door inwards while attempting to unlock the safe (to ensure that the door is aligned). Other recommendations included simply changing the batteries (the locking mechanism in digital safes needs power to unlock).
In a regular situation, a gun safe that fails to open could just represent an inconvenience. However, in a home invasion in which opening a gun safe could make the difference between life and death, a defective locking mechanism that fails to open could prove to be more than just an inconvenience. In a home invasion, a defective locking mechanism that doesn’t allow a gun safe to open could contribute to the harm suffered.
In cases in which harm resulted from a defective locking mechanism that failed to open, the company that manufactured the gun safes could be held accountable for any injuries or deaths that occur.
Defective Gun Safes Sold on Amazon
The RPNB Mounted Gun Safe (California DOJ Certified Handgun Safe, Auto Open Lid Smart Pistol Safe with Biometric Fingerprint or Keypad Lock) is a very popular gun safe at a relatively affordable price (about $100). It has a 4.5-star rating on Amazon, so consumers who purchase these gun safes expect that the product to be reliable. Based on this rating, it is safe to assume that many consumers have not had any issues with the product. However, there have been many complaints about the gun safe. Some of the most alarming complaints include the gun safe not locking and the biometrics not working correctly causing consumers to be unable to open the safe altogether.
Both of these issues present a significant risk to consumers and children in the home. As already discussed, the product manufacturer could be liable for any harm resulting from a defective gun safe. Can Amazon also be liable? Yes – in some cases, Amazon can be liable for harm resulting from products sold on their website. For more information about establishing liability for a product purchased through Amazon, contact the legal team here at our law firm as soon as possible. Our lawyers can help you file your lawsuit for a defective gun safe.
Innocent Parties Can Suffer Injuries
The injuries associated with defective gun safes depend on the specific circumstances of the situation. For instance, situations in which children are able to access guns because of defective locking mechanisms could result in gunshot wounds to children and adults – children can accidentally shoot themselves or shoot others. In situations in which there is a home invasion and gun owners cannot access their guns to defend themselves, gun owners can be physically or sexually assaulted, shot, and killed, for example. Regardless of the situation, it is possible for innocent parties to suffer injuries and even lose their lives in association of the defects in gun safes.
You Can Sue and Receive Compensation
Whenever a defective product results in any type of harm, victims and their families could be eligible to sue and even receive compensation. The right to sue after being harmed by a defective product is based on product liability (which has been explained above). If a defect – specifically a defect in the product’s manufacturing, labeling, or design – results in any sort of harm, victims and their families could pursue a product liability (defective product) claim against the company that negligently made the product available for consumers.
If you sue and your claim is successful, you could be eligible to recover monetary compensation. Depending on the specific details of your claim, you could receive compensation for all medical expenses, lost wages, pain and suffering, property damage, loss of consortium, funeral and burial costs, and punitive damages, for example. The type and amount of compensation available for recovery will always depend on the specific details of your claim; therefore, it is important to speak with an attorney to ensure that you have a thorough understanding of the compensation that you could recover.
If you would like to learn more about your right to recover compensation for the harm suffered in association with a defective gun safe, do not hesitate to seek legal assistance immediately. Our lawyers are ready to aggressively fight for your right to recover the compensation that you deserve.
How Long Do You Have to File a Claim?
Without a doubt, you could pursue a product liability claim if you or your family suffered any type of harm as a direct result of a defective product. However, you could lose your right to sue if you fail to file your claim within the appropriate length of time. In general, product liability claims (in California) are subject to a two-year statute of limitations, meaning that claimants must file their claims within two years to avoid losing their right to sue. Exceptions to the applicable statute of limitations could apply, however; because of that, it is necessary for claimants to discuss their claims with knowledgeable attorneys to gain an understanding of the deadlines that can apply.
What Should You Do?
If you or your family were harmed because of a defective product, there are a number of things that you should do ensure that you preserve your right to pursue a claim. You should do all of the following:
- Seek immediate medical attention for the harm suffered
- File a police report, if necessary (medical professionals are required to report all instances of injuries caused by firearms)
- Stop using the defective product
- Contact the company to report the defective product and the harm that resulted from the defect
- Do not alter the defective product in any way
- Do not agree to return the defective product to the company
- Do not agree to a refund
- Do not sign any documents that the company might provide you
- Gather all records related to the purchase of the defective product
- Gather all medical records
- Gather information of all ways in which the harm suffered affected you and your family
- Seek legal assistance immediately
Contact Normandie Law Firm Today
After being harmed by a defective product, such as the defective gun safes mentioned above, it is important to seek legal assistance immediately as you might have grounds to sue and receive compensation. If you are in need of a product liability lawyer, do not hesitate to contact the experts at Normandie Law Firm. The attorneys at Normandie Law Firm have many years of experience handling a number of claims and helping victims (and their families) to recover the compensation that they deserve. If you are in need of legal assistance, do not hesitate to contact our lawyers as soon as possible. You could benefit from our free legal services, which include free consultations and free second opinions. Our free legal services are available as part of our Zero-Fee guarantee – a guarantee that our clients will never be required to pay any upfront legal fees. Our firm is also based on a contingency structure that ensures that our clients will not be required to pay anything until their claims reach successful outcomes. If you are ready to discuss your product liability for the harm suffered related to a defective gun safe, contact our law firm today.
