Liability and Gun Accidents
Every year thousands of people are injured or killed due to accidents involving firearms, ranging from BB guns to high powered assault rifles. It involves many different scenarios; assault, robbery, suicide, children getting hold of an unsecured gun, firing range accidents, hunting, cleaning the gun, accidental shooting and firearm malfunctions. If you have been involved in a firearm accident and been seriously injured, you may have a personal injury case and need an experienced Kentucky lawyer to represent you or a loved one to get damages for your injuries and out of pocket expenses you are paying due to the negligent or willful act of another.
It is so important to understand all aspects of your case and easy to just blame the gun or the shooter, but your case is more complex than that and your attorney will be qualified to understand what to look for as far as extenuating circumstances; such as whether it involves negligence, either accidental or intentional, and whether any laws have been broken. They will look for evidence that may show that more than one party is to blame and can be held liable for damages.
It could be the manufacturer of the gun who improperly assembled it or the ammunition, or failed to provide the proper instructions or warnings associated with their product. The retailer will be investigated to ensure the weapon was sold legally and to a person that could legally own a gun according to the laws in Kentucky. The owner of the property may be liable if they had a duty of care to keep visitors reasonably safe, such as at a gun range facility or a dark parking garage for example. The person who actually pulled the trigger can be liable especially if the gun is used in the commission of a crime or fired with malicious intent. The owner of the gun is certainly liable to an extent if the gun was left unsecured and a child or another person was able to access it and in turn caused damage or injury to another. Your attorney will investigate all aspects and inform you of your rights and legal options.
There is a difference in your case if the discharge of the firearm is accidental or negligent, and the more evidence you have to prove negligence, the stronger your case will be. If the gun was discharged by behavior that unreasonably jeopardized another, it is classified as negligence. You will need witness statements from anyone witnessing the accident, signed and dated with their contact information. Note any surveillance cameras in the area that were focused on the area the injury occurred so that your lawyer can subpoena the tapes. This could prove your strongest ally in your lawsuit!
Due to the seriousness of most firearm accidents, only an experienced Kentucky attorney should handle your case. They can issue subpoenas, cut through red tape, file lawsuits, collect witness testimony and garner any necessary records pertaining to the case and get you a much higher settlement for damages than you could achieve without their help.