People have been injured by BB guns, air guns, and other types of air guns. These guns can also be dangerously defective. Therefore, it is no wonder that there are air gun lawsuits on the rise. These lawsuits seek damages for injuries resulting from these products.
BB guns
BB guns can be a fun type of toy gun. They are powered by an air compressor and can be a lot of fun. They can be dangerous toys. They can cause serious injuries or death.
According to the Centers for Disease Control and Prevention, there are around 30,000 BB gun injuries a year. Ninety percent (90%) of these injuries are caused either by ammunition or the actual gun.
BB guns are regulated and regulated by The Consumer Product Safety Commission. The Commission carried out a special staff project in 1997 on airgun safety. This prompted a number of airgun manufacturers to adopt voluntary safety standards.
CPSC staff has also filed a lawsuit against Daisy Manufacturing Co. (Daisy) for design defects in their Powerline Airguns. CPSC staff has learned of 171 serious injuries caused by Daisy’s Powerline Airguns.
CPSC staff are asking for a recall on Daisy’s two airgun models. Daisy has so far refused to do this.
It is illegal in California to knowingly fire a BB gun at someone else. It is actually an assault battery under California’s laws. It is also illegal to show an imitation firearm in public.
New York City requires air gun licenses. The city also bans the sale of air rifles and BB guns without a license. It also prohibits the discharging of weapons within 500 feet of occupied homes, churches, schools, and playgrounds.
Illinois has a very limited number of restrictions on BB guns. Illinois has laws that prohibit the sale of BB guns to minors. In Illinois, it is also illegal to possess a BB gun if you are a felon. It is also illegal to use a BBgun while under the influence.
Design defects – Abogados de Accidentes Costa Mesa
Numerous lawsuits were filed against the makers of air gun guns. The lawsuits primarily allege that the guns were defective and caused injuries.
The plaintiffs in the cases argue that the air gun was defective because of its design. A factfinder reviews the manufacturer’s decision on the basis of a variety factors.
Although the factfinder doesn’t find any defect, he does find that there was an oversight in the way the manufacturer performed the functions of the gun. He finds that the air gun didn’t warn the public about the risk.
In fact, the air gun did not cause Josh Moss’ death. Timothy Arnett shot his cousin Josh Moss, who was using a Crosman 780 Pumpmaster airgun.
The complaint also states that Crosman should’ve reduced the air gun’s muzzle capacity. This would have resulted in a decrease in muzzle velocity which would have affected the gun’s performance. The defendants claim that the muzzle velocity was not a design defect, and that the warnings didn’t change the shot’s timing.
Anderson’s case revealed that the Anderson case did not show a high muzzle speed. Instead, the 760 Pumpmaster had inadequate warnings. Judge found that the gun’s high muzzle velocity was an intentional design feature.
The Federal Trade Commission repeatedly examined Daisy BB guns. It has also examined Taurus guns.
The National Shooting Sports Foundation acknowledges that 40% of all new guns are defective in design. Daisy’s Powerline Airguns were linked to design and manufacturing defects. The CPSC learned of 15 deaths and 171 serious injury from Daisy’s Powerline Airguns.
Daisy was asked by the CPSC staff to recall two models of air guns. Daisy changed the design of the 856 Powerline Airgun. The magazine is now manual, which should help reduce the risk of a discharge.
Marketing defects
Although several federal agencies are involved in firearm regulation, none of them are responsible for the marketing defects of air gun lawsuits. If you or a loved one have been injured by a faulty firearm, you may be eligible to receive compensation for your damages, as long as you can prove the manufacturer was negligent. These cases are handled by a number of reputable law offices.
Joseph Lyon, for example, is a product liability Abogados de Accidentes Costa Mesa who specializes in single event civil cases. He has vast experience in complex litigation matters, even though he has never had the opportunity to defend gun manufacturers in court. He has a long list of industry credentials and has been involved in many of today’s most important product liability lawsuits.
One example of such a case was a BB gun. The product has many features, including a telescopic sight, a feeding ramp, and a gravity feed magazine. The product has a problem that can be a bit annoying. If BBs are left in the magazine, they can cause serious injury and even death.
The manufacturer was able to fix the problem. They eventually removed nine of the nine models. But that doesn’t mean that their entire product line is perfect. Fortunately, their product safety program is a bit more hands-on than their competitors. They have a team made up of experts who have conducted numerous investigations of Daisy BB guns throughout the years.
The CPSC has initiated a formal investigation of the Daisy 856 Powerline Airgun, which began in May 2000. The CPSC also filed a formal complaint against Daisy pursuant to Section 15 of Federal Hazardous Substances Law.
Compensation damages
People who have been hurt by an airgun may not know that they have the legal right of suing. Families can now better understand their legal rights thanks to new laws.
Researchers looked at trends in punitive damages for financial injuries in a recent study. A cap on punitive damage can have a significant impact on settlement behavior. A cap restricts the amount that a jury may award a plaintiff.
While the cap limits the amount of money awarded in a case, it may not be enough to discourage claimants from filing claims. It could also affect the way claimants present their claims. In fact, the study found that the mean award amount increased from $7.6 million in 2009 to $3.4 million in 2012.
The study measured the award’s magnitude in three categories. First, the punitive-to-compensatory ratio. Second, the exemplary-to-compensatory ratio. The third, the statistically significant figure. For those who don’t like the number, the statistically significant amount was a statistically significant figure.
For example, the exemplary-to-compensatory number for a case in California was more than twice the number for a case in Texas. Similar to California, the statistically significant number in New York for a case was more than four times that for a California case.
The statistic for a Harris County case was seven times higher than that for a New York case. The exemplary-to-compensatory ratio for a case in Harris County was more likely to be the corresponding statistic for a case in New York than for a case in California.
In the end, there wasn’t a clear winner. However, the statistically significant number of claims in Cook County was greater than those in New York or Harris County.
Air guns-related injuries
Air guns are often mistakenly viewed as toys. However, they can cause serious injury, especially to children. These injuries include blindness and permanent visual impairments. Air guns are also known to cause fatal cardiac injuries.
The National Eye Trauma System has collected data about eye injuries caused by air guns. A 26-year study found that the number of ocular injuries from air guns rose by 169 percent between 1990 and 2012. The most common air gun eye injuries include corneal abrasion, foreign body, globe rupture, and retinal damage.
The injuries caused by the accident required hospitalization, surgery and sometimes enucleation. The median hospital stay was four days. The majority of cases of gunshot wounds occurred in males. Boys account for approximately seventy-five percent of injuries.
Eye injuries are most common in children between the ages 10 and 17. Injuries can range from corneal damage to temporary loss of vision. Many injuries are self-inflicted.
A study of the ED visits rates for paintball gun and air injuries revealed that the highest number of visits occurred in the lowest-income areas. These injuries were treated in the same way in urban and rural areas. In 2008, one in four ED visits for these injuries were billed as uninsured.
Most penetrating eye injuries occurred in children. Sixteen percent involved permanent visual disabilities. Seventeen percent involved short-term loss of vision. One child was blinded and another required cataract surgery. The youngest patient was a 12-year old boy who was struck twice in the face while playing paintball in New Hampshire. He had taken off his glasses to wipe the paint from his eyes.