Firearms are responsible for countless deaths in the United States every year. While suicide is the leading cause of gun deaths, followed closely by murder, accidental shootings still account for more than one death in the country every day on average. If you or a loved one were the victim of an accidental shooting, a Colorado Springs accidental shooting attorney can help.
At Zinda Law Group, we have a long history of securing significant compensation for our clients. Our team of experienced personal injury lawyers in Colorado Springs is ready to help you pursue damages for your case. Get started today with a free consultation by giving us a call, filling out our contact form, or using our chat tool.
Establishing Fault in an Accidental Shooting Case
When pursuing compensation after suffering an injury in an accidental shooting, it is critical to prove the liable party’s negligence. When working to establish negligence, there are four elements you must show were present.
Duty of Care
Anyone handling a firearm has a duty of care to act in a reasonably safe manner to avoid causing injury to others. The safety requirements are high because of the inherent dangers that come with a firearm.
Likewise, manufacturers of these weapons owe a duty of care to the public to ensure that the weapons they create do not pose an unnecessary risk beyond the standard dangers present in any firearm.
A Breach of the Duty of Care
Next, you need to be able to show that the defendant breached their duty of care. When pursuing compensation from the person who was handling the gun when it went off, you can prove a breached duty of care by showing that they:
- Failed to check whether the gun was loaded
- Didn’t engage the firearm’s safety mechanism
- Touched the trigger when not ready to shoot
- Neglected to ensure the weapon was pointed away from others
If making a claim against the gun manufacturer, you may be able to show that they cut corners to save money at the expense of safety.
Damages
The third thing you need to establish is that you suffered damages. Medical records, testimony from an expert witness, and photographs of any injuries sustained can all be used to prove your damages.
Causation
The last thing you need to demonstrate is how all these elements tie together. An experienced Colorado Springs accidental shooting attorney can help you prove that your damages were the direct result of the at-fault party breaching their duty of care.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationDon’t Delay When Suing for Compensation
When attempting to recover compensation through an accidental shooting lawsuit, it is essential that you familiarize yourself with the applicable filing deadline. The personal injury statute of limitations in Colorado permits accident victims to file a lawsuit up to two years after getting injured. If you fail to file on time, you could be out of options for recovering compensation.
However, you should get in touch with an experienced lawyer, even if these two years have passed. There is always the possibility that an exception in your case will allow you to file outside the usual filing window.
At the same time, the circumstances of your case could impose further limits on the amount of time you have to file your personal injury lawsuit. By hiring an attorney early, you can ensure that you know the exact deadline for your case and that all the necessary paperwork is submitted on time.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationAccidental Shooting Cases Involving Product Liability
Although people often assume the person handling the gun when it went off is responsible in an accidental shooting case, the weapon manufacturer often holds a level of liability in these cases. There are three different types of defects that can result in a product being faulty.
Design Defects
When a firearm is built according to its design specifications and used properly but discharges unintentionally, the problem may be a design defect. If a gun is improperly designed, it can pose a danger even when built and used correctly.
Manufacturing Defects
When the design of a firearm is sound, but problems in the manufacturing process result in the weapon being unnecessarily dangerous to the user, a manufacturing defect is likely to blame. Manufacturing defects can arise from human error, equipment malfunctions, or intentional corner-cutting in an attempt to save money.
Warning Defects
While everyone knows that firearms can be dangerous, the law still requires producers of these weapons to provide the public with proper warnings. If the dangers of the weapon are not fully revealed, an accident victim may have grounds for a warning defect lawsuit.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationGet Started With Help From a Colorado Springs Accidental Shooting Attorney Today
While you have the right to pursue compensation on your own, doing so is unlikely to yield the results you desire. Even after accounting for legal fees, those who hire an attorney to represent them typically end up recovering far more compensation than those who pursue compensation on their own.
At Zinda Law Group, our team of experienced accidental shooting lawyers in Colorado Springs has a long history of winning big for our clients. In our 15-year history, our firm has successfully recovered more than $210 million in damages for our clients. Contact us today to schedule a free case evaluation with a member of our team.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
