Individuals and families who have experienced loss due to a firearm deserve the opportunity to hold the gun industry accountable. If an accident occurs from a firearm, the gun industry should not be able to avoid liability for the dangerous products they sell to consumers. With virtually all other industries, when a product causes a serious injury or wrongful death, the manufacturers can be held liable for the losses victims suffer. For many years, the gun industry was protected and offered immunity from being held liable when a gun causes injuries and losses. However, in Massachusetts, no laws provide immunity to the firearms industry.
At Sweeney Merrigan Personal Injury Lawyers, our team of trusted Massachusetts gun industry immunity lawyers understands the emotional trauma that many victims may experience after suffering injuries related to an accident involving a gun. That is why we are dedicated to providing the specialized and personal care our clients need as we help them get the justice they deserve and hold the gun industry responsible. Our knowledgeable Massachusetts gun industry immunity attorneys have over 45 years of experience. Call 774-341-5778 or complete our contact form to request a free consultation today.
When Can You Hold the Gun Industry Liable in Massachusetts?
Depending on the details of your case, it can be difficult to decipher when the gun industry can actually be held liable for any losses resulting from a firearm. Individuals who have suffered losses due to a gun often are involved in several different scenarios:
- A shooting incident, often of criminal intent
- The negligent discharge of a firearm
- A malfunction that occurred with the actual firearm
Regardless of how the incident that led to your unimaginable emotional and physical trauma, it is important that you know what criteria is set in the state of Massachusetts to ensure that the gun industry is held liable when evidence proves their actions may have resulted in losses. These criteria include the following:
Firearm Dealers Must Post a Clear Warning
Firearms dealers must post a warning at each purchase counter in bold type, no less than one inch in height, that reads the following message:
“It is unlawful to store or keep a firearm, shotgun, rifle, or machine gun in any place unless that weapon is equipped with a tamper-resistant safety device or is stored or kept in a securely locked container.”
This warning must also be provided in writing to the transferee of any firearm in bold type not less than one-quarter inch in height. Failure to provide these warnings may result in an accident for which the gun industry could be liable.
There Must Be a Safety Device Included in Each Sale of a Firearm
Any gun sold in Massachusetts without a safety device designed to prevent discharge by unauthorized users is considered defective. Thus, the sale of a firearm without the safety device will constitute a breach of warranty and an unfair, or deceptive, trade practice.
Guns Sold Must Be Reasonably Unusable to a Child Five Years or Younger
The state of Massachusetts deems it unfair or deceptive to sell any gun that does not contain a mechanism that prevents an average five-year-old child from operating the weapon when it is ready to fire. Such mechanisms may include the following:
- A raised trigger resistance
- Alteration of the firing mechanism so that a child’s hands are too small to operate it
- The requirement of multiple motions in order to fire the weapon
If you have suffered injuries and losses as a result of a shooting and you believe that the gun industry should be held liable, contact one of our trusted Massachusetts gun industry immunity lawyers to ensure you get the justice you deserve.
How Can You Receive Compensation After a Gun Accident in Massachusetts?
Our team of trusted lawyers can help victims of shooting in Massachusetts file a personal injury claim for their losses. Not only does a personal injury claim help hold the responsible party liable for their negligence, but it also allows victims to be compensated for their losses. The damages you may be eligible to collect after filing a claim against the gun industry include the following:
- Medical expenses
- Lost wages and lost earning potential
- Pain and suffering
- Wrongful death
If you are unsure what your next legal steps should be as you fight to hold the gun industry liable for your immense losses, our team of dedicated personal injury lawyers can help.
J. Tucker Merrigan is one of our co-managing partners and has been with Sweeney Merrigan Personal Injury Lawyers for over a decade. Attorney Merrigan has received honors for helping clients get the compensation they deserve, including awards like Top 40 Under 40 for National Trial Lawyers, 2023 Best Lawyers in America for Medical Malpractice, and more. Our other co-managing partner Peter M. Merrigan has received honors for helping his clients in Massachusetts including 2018 Top 40 Under 40 National Trial Lawyers, 2018 Rising Star, Super Lawyers; 2019-2021 Massachusetts Super Lawyer, and more.
Get Help Holding the Gun Industry Liable for Your Case Today
At Sweeney Merrigan Personal Injury Lawyers, our trusted Massachusetts gun industry immunity attorneys have over 45 years of experience helping clients who have been the victims of firearms-related accidents. Our dedicated legal team will fight for the compensation you deserve, ensuring your legal rights are protected throughout every step of the process as you go up against the gun industry.
To schedule a free consultation with an experienced personal injury lawyer, give us a call at 774-341-5778 or fill out our contact form.
