A mechanical malfunction could occur during human interaction. Gooed up firing pins (or pins inserted backwards) is a common mechanical malfuntion. You could make an arguement that an occurance like that is still due to negligence (improper assembly or poor maintenence.)
A spring that slips during use would be a mechanical malfunction with absolutly no fault to the human. Human intervention...I'm not sure exactly what that means, but I'd agree if you mean "all unintended discharges except mechanical failures are negligent."
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