Accidental gun shootings pose a great danger to unsuspecting victims, many of whom are children. Many time, firearms lead to serious injuries, which can lead to permanent pain and suffering and fatalities. These accidental discharges can happen at various locations in both controlled and uncontrolled environments, from individuals who may legally or illegally possess firearms. The individual may face an investigation in the event of an accidental discharge, especially if he does not legally own the gun. Apart from criminal charges, victims may be able to bring civil action against defendants and other liable parties for their injuries. If you or a loved one has been shot by a firearm and sustained injuries, contact our accident attorneys today for a free evaluation of your case. Our team of attorneys at the Downtown LA Law Group can help you receive the compensation you deserve.
Causes of Accidental Gun Shootings
Generally, gun owners should keep their weapons near them or at a safe location at a shooting range. This is the safest way to prevent anyone else from taking the guns and mishandling them. If the guns are not properly looked after or cleaned, there can be problems. Often, inexperienced gun owners will simply buy the weapons and not learn how to handle them, which can result in numerous injuries. They also may be negligent regarding the law and basic safety techniques. Unlike other items, guns can cause extreme damages if they mistakenly or wrongfully fire.
Common causes of accidental gun shootings are as follows:
- Improper storage of handguns by homeowners, resulting in children finding and using them
- Gun user negligence or recklessness, such as by not properly unloading the firearm, becoming startled when shooting, shooting at targets at home, and more
- Defective firearm design
- Defective gun manufacturing
- Product failure, which can be attributed to the manufacturer
- Failure to warn other individuals of the danger of the gun
- Failure to educate a first-time user on how to operate the weapon
- Negligent use of hunting rifles when hunting animals
- Celebratory gunfire, such as during the Fourth of July, New Year’s Eve, ethnic parades, and more
- Shooting a projectile into the air
- Faulty handling of a firearm
- Mechanical failures with the trigger or bolt
- Failure to lock the trigger or deploy the safety
- Misfires and backfires
- Alcohol-related gun shootings, such as going to the shooting range when under the influence of alcohol
- Drug-related gun shootings
- Criminal acts, such as robberies, threatening situations, assaults, and more
If you or a family member has been harmed because of an accidental firing from a gun, you should reach out to one of our experienced attorneys today. Never shoot in the Air – Celebratory Gunfire injuries: What goes up must come down, and bullets are no different. Bullets travel on average at over 1,500 mph and can penetrate many objects, sometimes shattering if they cannot enter. When they’re shot into the air, the wind and natural trajectory of the projectile may both carry bullets to other locations. Often, people will shoot their guns in the air to commemorate special events, remember loved ones, celebrate holidays, celebrate birthdays, and more. Although most individuals tend to shoot their guns in the air in more isolated settings, such as the forest or the desert, others do so in residential areas. Bullets fired in the air can lead to serious injuries and fatalities. According to statistics, one in three falling bullet incidents lead to death; while only 6% of regular gunshot wounds lead to fatalities. Falling objects of that size and speed that strike an individual’s head often result in traumatic brain injuries. Such head wounds are associated with a high mortality rate; traumatic brain injuries are often seen in high-impact collisions, but they can also occur in many other accidents.
How to Prove Gun Safety Negligence
According to California Law, a party is negligent when it fails in a manner expected of a reasonably prudent person acting under similar circumstances. There are thousands of other gun owners in the state alone, and the amount of accidental firings are relatively negligible. Therefore, an individual who acts in such a way is acting in a way that is not the norm.
Accordingly, negligence requires the demonstration of four elements:
(1) A Duty of Care is owed to the plaintiff under the circumstances. All gun owners must make sure that nobody is injured during the handling of the firearms.
(2) The responsible party breached the duty of care to the injured party (plaintiff), whether by acting recklessly, failing to unload a gun, firing into the air, or any other act.
(3) The defendant was the actual and proximate cause of the plaintiff’s damages and was the reason that the accident happened in the first place.
(4) The plaintiff actually suffered some harm (psychological or physical) as a result of the defendant’s negligence.
All four of these points must be proven to be true to show negligence. If even one is false, the claim will not be considered valid. For example, if you were not physically harmed from the accidental shooting, you will not be able to file a personal injury lawsuit. A common example of this is temporary hearing loss from being near a misfired weapon or minor burns from a mishandled gun. The damages may not be permanent or require treatment at all. It is in your best interests to seek out the help of a talented accidental gunfire attorney who can handle your lawsuit. Our team of lawyers at the Downtown LA Law Group have represented victims of mistaken gunshots for years, and we can prove that the responsible party was negligent in his action.
Children Safety: How to Protect Children from Accidental Gunfire
Children should always be educated about the dangers of guns. Parents should always talk to their children about gun safety and do so openly; the more closeted and candid the discussion, the more difficulty the child will have in understanding the problems. If you as a parent can adequately explain the rules of gun safety and why they are in place, your children will grow up with more care and caution towards the weapons. Despite this, you should always take reasonable steps to deny children from having access to guns at an early age; children who take the weapons out for fun can cause extremely dangerous accidents, even resulting in death. The National Rifle Association teaches children a four-part rule when in the presence of unknown firearms:
- Stop and do not approach the gun or the handler
- Don’t touch the gun
- Leave the area as safely as you can
- Tell an adult about the weapon and the individual
It is important to protect children from possible accidents involving firearms. If your child gets harmed in an incident involving a gun that mistakenly goes off, you may be able to take legal action against the responsible party. Contact our law firm for more assistance.
Types of Damages Available for Gun Shooting Injury
Victims of personal injury and product liability claims are entitled to numerous types of compensation for their damages. At the Downtown LA Law Group, our attorneys will strive to recover every form of damage from your gun shooting incident. Your deserved restitution can cover expenses for various debts, including:
- Medical costs resulting from hospitalization and emergency room care, physical therapy, ambulance costs, medication, and rehabilitation
- Future medical treatments that are required to deal with severe or permanent injuries
- Loss of income from your job due to absent days, hospitalization, and medical treatment
- Loss of future earnings due to impairment from the injuries or missed time at work
- Punitive damages, which can be handed out in instances where the property owners displayed reckless behavior or gross negligence; these damages are difficult to win, however, as they are usually viewed as excessive, so only a skilled attorney will be able to win them for your case
- Pain and suffering damages, including PTSD, anxiety, fear, psychological trauma, emotional stress, and more
- Wrongful death expenses if a loved one or family member died from injuries from a gunshot; damages include funeral and burial expenses, loss of consortium, loss of sexuality, loss of expected savings and inheritance, pre-death medical bills, pre-death pain and suffering, and more
The Best Attorneys in Los Angeles
At the Downtown LA Law Group in Los Angeles, our aggressive and skilled accident lawyers will keep on the offensive so that you are fully compensated for your injuries. We are one of the top-rated firms in the city for a reason, and we dedicate ourselves to our clients through and through. We will take care of every legal detail of the case for you, from start to finish, and we will strive to negotiate the fairest settlement from the responsible party. If we do not receive a worthwhile offer, we will go to trial and take on liable gun owners, property owners, and their insurance carriers so that your rights are protected and your restitution is paid out.
Call Today for a Free Consultation Contact our law firm to speak with an experienced attorney who can give you all the details you need about cases and laws regarding accidental gun shootings. We will gladly answer your questions and tell you how the legal process works. Our attorneys are available 24 hours a day, 7 days a week, and will always keep all of your queries and information confidential.
No Fee Guarantee We operate on a zero fee guarantee, which promises that you will never have to pay any out of pocket expenses for our services. We will only get paid if we win your case – and the money will come out of the settlement we win you. If we lose, you won’t have to pay us a single dime for our help. We’ll eat the losses ourselves and you will walk away debt free. It is important to us that your personal savings are never touched throughout the case, and our zero fee guarantee assures that. Don’t hesitate – reach out to an accidental gun shot injury attorney in Los Angeles at the Downtown LA Law Group.