At KL Injury Attorneys, we ring the bell for every client win. While we handle a lot of vehicle injury and slip-and-fall claims, we recently had a highly technical case where our client suffered a devastating leg injury from a defective, modified handgun. We knew thorough investigation and thoughtful preparation were going to be key to our client’s success.
First, what is a drop-fire?
Firearms are required to meet several minimum industry standards, especially those ensuring the gun can only fire if the trigger is pulled. One such safety measure is to make sure the gun won’t fire when it’s dropped to the ground. If it does shoot, this is called a drop-fire, and it can be extremely dangerous and unpredictable.
The Incident
Our client wasn’t a gun enthusiast. He had only been to a shooting range once. But like many young adults, he was influenced by a family member – in this case, his brother, who was more experienced with firearms and had recently purchased a custom-built pistol that was based on a very popular platform from a gun shop.
This wasn’t your standard 9mm pistol. This platform had been significantly modified with an aftermarket trigger, barrel, and slide. The sleek, high-performance gun had been altered with a very light trigger, making it much easier to fire. The “upgraded” gun sat in a retention-style holster with a trigger guard. But these performance modifications came at a cost: safety.
While at home in the garage, our client was admiring his brother’s gun while sitting on a bench. The gun was in its holster with the trigger guard. It was also loaded. A video camera in the garage captured everything that happened. As our client was looking at the gun, it fell out of the holster to the ground. The gun fired when it hit the ground – a drop-fire. The gun discharged without anyone pulling the trigger.
The bullet hit a toolbox, fragmented, and shrapnel from the bullet hit our client’s leg, dangerously close to an artery and several major nerves. As a result, he experienced ongoing nerve pain and complications that impacted his career as a car salesman. The shrapnel left inside could never be safely removed.
Preparing for a highly technical argument
We didn’t sue the original manufacturer, who met the appropriate standards. Instead, we focused our claim on the aftermarket manufacturer who customized the firearm and the gun store that sold it. The case raised important questions:
- Who bears responsibility when a custom-modified firearm fails?
- What, if any, are the safety obligations of gun shops selling these highly modified weapons?
- How does modified trigger sensitivity increase the risk of the gun accidentally firing?
From day one, we knew this would be a highly technical case. We had to prepare to outduel a well-versed defense. Our legal team’s core understanding of firearms helped us retain a top-tier expert early in the case. But how to test the drop-fire dangers of the gun without damaging it was a crucial hurdle early in the case. The gun was evidence after all – not to mention very expensive.
Our expert conducted a mallet test to confirm that a drop-fire was not just possible, but predictable. The mallet test is an old-school, but legitimate, testing method. Simply put, you hit the butt of the gun with a mallet. It fired on the first try. This gun was an accident waiting to happen. This type of test was a simple yet effective way to show a jury how the gun could fire without anyone pulling the trigger.
A hard-fought win
Initially, the gun shop and modifier offered nothing. Zero. But through persistent discovery, we obtained internal communications, documentation, and critical admissions that opened the door for negotiation.
This case wasn’t about blaming the owner for “improper handling.” It was about a system that failed. This gun never should’ve been sold in that configuration, in that condition, with those parts, without proper testing. We were successful in showing that even the most hardened, battle-tested gun owners face situations where a gun slips from their hands, and our client was in no different a position.
We settled the case for a confidential amount over six figures, securing much-needed compensation for a young man whose life and livelihood were permanently altered by someone else’s negligence.
Why firearm experience matters
Firearm injury cases are highly technical. It takes not just legal skill, but also real knowledge of how guns work, how modifications affect safety, and the common sense to explain all that in court. Our legal team’s experience with firearms and connections to solid expertise allowed us to dig deeper, ask the right questions, and understand the stakes.
The truth is, not every gun owner is a seasoned expert. Many are first-timers. But every consumer deserves to know that the products they buy are safe, operate as they are intended to, and meet industry standards. That’s why the burden is so high on manufacturers, modifiers, and sellers to ensure safety.
