Understanding Trademark Law Protections

Gun stores are generally immune to the liability claims that may arise from the injuries their products have caused by the hands of other people. For example, if you are accidentally shot during a hunting trip, there are high chances that you won't be recovering any damage from the store that sold the gun to the hunter. However, there are some situations where this immunity doesn't apply, and they include the following:

The Store Knew the Gun Would Be Violently Used

You may be able to hold the store liable for your injuries if the store sold the firearm knowing very well that the buyer would use it to commit violence. For example, if the buyer talked about getting a gun to get even with a loud neighbor and you get hurt during the shootout, you may be able to hold the store liable for the ensuing damages.

In such cases, your biggest hurdle is to prove the store's knowledge of the planned violence. In most cases, you will need an eyewitness to confirm your accusations. For example, if there were other customers in the store at the time of the purchase and they heard the shooter talking about their violent plans, they may be able to provide you with the evidence you need to win your case.

The Store Knew the Gun Was Defective

You may also be able to hold a gun store liable for your gun injuries if the store sold you a defective gun. In this case, you need to prove that the store knew or should have known about the defect to win your case. For example, if the store sold you a gun that should have been returned to the manufacturer as part of a recall, then you can argue that they should have known about the gun's defect. Another example is if the store doesn't take care of its guns properly, like, if they have been affected by moisture. Gun sellers should know their products can malfunction in such cases.

The Store Sold the Gun to Someone Who Should Handle a Gun

Lastly, you may also be able to hold a gun store liable for your injuries if they sold a gun to someone who shouldn't be allowed to handle a gun in the first place. For example, guns shouldn't be sold to children or an intoxicated person because they can easily cause unintended injuries with guns. Therefore, if a gun-store attendant sells a gun to an obvious minor and the minor ends up accidentally shooting you, both the minor and the store may be liable for your damages.

Therefore, don't automatically assume that a gun store owner cannot be held liable for gun accidents stemming from their products. If you have been hurt in such an accident, consider hiring personal injury attorney services to help you identify all the liable parties.