One of the most tragic events that could occur to you or a loved one is an accidental shooting. A recent study showed that accidents from loaded weapons causes the death of a child every other day in the United States. In only moments life can change forever, causing severe injury, life-threatening wounds, or even death. Should tragedy such as this occur, call your trusted personal injury attorney for the necessary advice. Your attorney has your best interests in mind and should be informed of all relevant information.
Generally, these accidents occur from two distinct reasons: negligence of the owner, or faulty manufacturing that leads to a defective product. Responsibility for the tragedy must be investigated and determined. Compensation for medical bills and other costs add up quickly. Additionally, determining where the responsibility arises can help prevent future tragedy. Warning signs required training to purchase the firearm, and other legislative goals may be utilized.
Negligence in gun accident injuries is determined by whether the owner had a duty to protect, supervise, maintain, or secure an area or item. An injury from an accidental shooting due to negligence might be leaving the safety off of a loaded gun, leaving the weapon out in the open where children could pick the gun up, or allowing someone without a license to handle the firearm. If someone is injured due to human error, the owner of the gun, and the person who handled the gun when it discharged are most likely going to be found liable for the injury. This will be determined at trial before a jury. The jury will decide if the defendant (owner/shooter) used reasonable care in their conduct with the firearm.
If the injury occurs due to the manufacturing or design of the firearm, this will create a product liability action. If a gun explodes in a person’s hands, misfires, if the safety is locked but fails to prevent the trigger from pulling, there is a manufacturing defect claim. Poorly drafted directions or warnings that are not visible to customers are also considered part of a product liability claim, as inadequate warnings. If the manufacturer knew of a better way to design the gun and chose not to because of cost, they may be liable under a defective design theory. Under a theory of defective design, the manufacturer may be held liable for being aware of the potential danger, and not taking the necessary steps preventing them from occurring.
There are experienced attorneys available that specialize in accidental shootings and personal injury actions, ready to help you. We do ask – if you have a firearm in your home, to please make sure the item is kept in a locked secure area. Promote safety and protection to those you love.