Airsoft guns are a specific type of pellet gun that uses spring, gas, or electrical mechanisms in order to fire small, plastic pellets. Airsoft guns are created and manufactured to resemble actual handguns and are frequently exact replicas of various real firearms. Additionally, some airsoft guns have the exact same kind of manufacturer markings as real firearms, and they can shoot at considerably high speeds.
BB guns are similar to airsoft guns, with the difference being that they are air-powered guns that can shoot pointed pellets that are made out of metal instead of plastic pellets. These guns can shoot farther and faster when compared to the majority of airsoft guns and, as such, may be used for hunting. The Red Ryder BB Gun is considered to be the most famous BB gun on the market, and it is both marketed and distributed as a toy.
Both types of guns can shoot pellets at high rates of speed, and as such, they are known to cause personal injuries. One of the most defining dangers of Airsoft and BB guns would be the risk of eye injury. Because airsoft guns can shoot pellets at hundreds of feet per second, they should be handled with considerable care.
To reiterate, BB guns are marketed and used as toys. These guns can cause their handlers to suffer from:
- The previously mentioned eye injuries;
- Skin injuries resulting from the velocity of the pellets, which can reach over 200 MPH; and
- Infections from open puncture wounds.
Even when safety gear is worn during a game or sport which uses airsoft guns, various injuries can still occur. The following are some of the most common examples of airsoft gun injuries:
- Welts;
- Bruises;
- Eye injuries;
- Muscle sprains; and
- Slip and fall injuries.
It is imperative to note that both guns can cause fatality. The U.S. Consumer Safety Commission estimates that BB guns and pellet guns cause four deaths annually in the United States.
Additionally, because BB guns are created to look like real firearms, there have been numerous instances of people being mistakenly shot or tased by police officers who believe that the person who was carrying the gun was armed. Some children have been killed by police who mistakenly believed that the child was holding and firing real handguns.
What Are The Laws And Regulations For Airsoft And BB Guns?
In terms of laws and regulations which govern airsoft guns, these laws vary by state; however, federal law states that an individual must be at least 18 years old in order to purchase an airsoft gun. However, because the government does not consider airsoft guns to be lethal, they can be used and handled by people of all ages. An orange marking is generally required to be painted on the tip of the airsoft gun, which is meant to distinguish them from real guns. As such, you could be issued a ticket if you remove this marking.
Some states have specific laws associated with airsoft guns. An example of this would be the state of New York, which requires imitation firearms to be made clear with brightly coated plastic or colors. Another example of this would be how San Francisco has made all replica guns illegal.
In terms of BB gun laws, these also vary considerably from state to state. While some states have completely restricted BB guns, other states have no restrictions at all. An example of this would be how California considers it to be a misdemeanor crime to sell, loan, and/or transfer a BB gun to a minor. Another example would be how Massachusetts has made it illegal for children who are under 18 years old to have a BB gun while in a public place.
You could be charged and convicted of a crime if you use an airsoft gun in an attempt to commit a crime. An example of this would be how you could be charged and convicted with assault if you point an airsoft gun at someone, because they will most likely think that it was a real gun and fear immediate harm. Another example would be that you could be convicted of robbery with a firearm, even if you used an airsoft gun in order to commit the crime.
What Is The Liability For Airsoft And BB Gun Injuries?
If you are injured while using an Airsoft or BB gun, it is difficult to recover damages because you assume the risk that you will be injured by virtue of using the gun. Assumption of risk is a type of defense that is available for most personal injury and negligence lawsuits. This defense arises when a plaintiff knowingly and voluntarily assumes a risk of harm that is associated with the negligence of the defendant. As such, if the plaintiff has assumed such a risk, they cannot recover damages for any harm that results from the defendant’s conduct. This remains true even if the defendant was negligent or reckless in some way.
In order to prove assumption of risk, the defendant must show that:
- The plaintiff had actual knowledge of the risk that was involved in the conduct or activity; and
- The plaintiff voluntarily accepted the risk, either expressly through agreement or implied by their words and conduct. What this means is that they cannot have been forced to perform the activity.
If the gun was defective, you may be able to recover a monetary damages award if you are able to demonstrate that your injury resulted from the product’s defect. There are three ways in which the gun industry may be held liable for defective consumer products practices, including:
- A design flaw;
- A defective safety feature; and/or
- Negligence in manufacturing and/or distribution.
A gun may be considered defective if it does not function in the manner in which it was designed to function, which would be a design flaw. A design flaw can result in a considerable number of defects, including a gun that does not fire, or a gun that fires accidentally when it is dropped. A gun manufacturer could be held liable for an injury if the gun was used in the way that an ordinary consumer would use it, and they were injured as a result of the defect.
Generally speaking, the operator or owner of an Airsoft facility requires all participants to sign a waiver or a liability release form. This is a form that relieves the owner of legal liability for injuries that can occur during an airsoft game. However, the owner can still be held liable for injuries that were caused by their negligence. Some examples include:
- Failing to maintain safe premises;
- Failing to warn the patrons of any extremely dangerous conditions in the arena; and
- Renting defective guns and other equipment to players.
Do I Need An Attorney For Cases Involving Liability For Airsoft And BB Gun Injuries?
If you have been injured by an airsoft or a BB gun, you should contact an experienced personal injury lawyer. An experienced attorney can help you determine your legal rights and options according to your state’s specific laws regarding the matter and will also be able to represent you in court, as needed.
If you were involved in a crime or an incident involving an airsoft gun, you should contact a criminal defense attorney immediately. Your lawyer will protect your criminal rights while representing you during trial.
