The danger of firearms is well documented. However, this danger can be minimized when dealing with a weapon devoid of defects that is properly maintained and handled. Unfortunately, accidental shootings in the United States are far from uncommon. If you were injured in an accidental shooting, an accidental shooting attorney in Santa Fe can help you collect damages.
At Zinda Law Group, our attorneys have helped accident victims recover over $210 million in damages over the past 15 years. Our Santa Fe personal injury lawyers are ready and waiting to help you get the money you need. Get in touch today through our website or over the phone to schedule your free case evaluation.
Proving Fault Following an Accidental Shooting
When attempting to prove the negligence of another party so you can collect the compensation you need and deserve following an accidental shooting, certain facts must be established. There are four elements of negligence that you need to be able to show apply to the defendant.
Duty of Care
When working to prove negligence, the first thing you must establish is that the at-fault party owed you a duty of care. Depending on who is responsible for your accidental shooting injury, there are different approaches you can take to prove that a duty of care existed.
If you are pursuing compensation from the person in possession of the gun that shot you, you simply need to prove that they were handling the weapon at the time it was discharged. Anyone using a gun owes a duty of care to behave safely and not endanger others.
If attempting to collect damages from the gun manufacturer, you need to show that the weapon in question was indeed produced by their company. Those who manufacture these weapons owe a duty of care to the public to ensure the firearms they produce are not dangerous apart from their intended use.
Breach of the Duty of Care
The next thing you need to show is that the defendant committed a breach of the duty of care. An individual handling a gun can breach this duty of care in a variety of ways, including by:
- Failing to check if the gun is loaded
- Failing to ensure the gun is pointed away from others
- Touching the trigger when not ready to fire
- Not engaging the firearm’s safety mechanism
A gun manufacturer breaches their duty of care if they fail to run proper safety checks of the weapons they produce or cut corners in manufacturing to save money.
Damages
You must also prove that you sustained damages. Medical records from shortly after the incident documenting your losses are typically the best way to prove that you came to harm. Expert testimony and photographs of your injuries can also be used to establish that you suffered damages.
Causation
Lastly, you need to tie everything together. An experienced accidental shooting attorney in Santa Fe can help show how your damages were directly caused by the defendant 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 ConsultationProduct Defects in Accidental Shooting Cases
While people tend to look to the party handling the firearm when it was discharged, the manufacturer can also be to blame for an accidental shooting. Three types of product defects can result in the manufacturer being responsible.
Design Defects
When a firearm is built correctly according to the specifications and handled properly by the user but still discharges accidentally, a design defect may be to blame. A flaw in the weapon’s design may create an unnecessary and unintended danger.
Manufacturing Defects
When a firearm is designed properly, but an error is made in manufacturing, the resulting manufacturing defect can create a danger to the user. Manufacturing defects can be caused by human error or equipment malfunction. While sometimes these defects are due to unfortunate mistakes, cutting corners to save time and money can also be responsible.
Warning Defects
Everyone understands that a firearm has the potential to cause harm. However, it is still important and legally necessary to warn the consumer about the potential hazards of the weapon and what to avoid. Failure to include proper warnings can leave the manufacturer liable for any resulting damages.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationFile Your Lawsuit Before Time Runs Out
If you are planning to file a lawsuit to recover compensation after an accidental shooting, you need to be aware of the filing deadline. In New Mexico, the personal injury statute of limitations grants accidental shooting victims three years to take legal action against the liable party. If you miss this filing deadline, you will likely be out of options for recovering damages.
However, you should reach out to an experienced attorney, even if you believe your window for filing has already closed. When you hire an experienced attorney soon after your accident, they can help you identify how long you have to file your personal injury lawsuit. Your attorney will ensure all the required paperwork is completed and filed on time.
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 in Touch With an Experienced Accidental Shooting Attorney in Santa Fe Today
If you were injured in an accidental shooting, securing the services of an accidental shooting attorney in Santa Fe can be essential. Most people who attempt to recover compensation on their own end up with far less money than those who hire a professional to handle their case, even after lawyer’s fees.
At Zinda Law Group, we have helped over 10,000 clients recover the compensation they need and deserve. Contact us today by phone or through our website to schedule your free case evaluation with a member of our legal team.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationAccidental Shooting FAQs
Many Santa Fe residents own firearms, and they do so for different reasons; sometimes for sport and other times for personal safety. New Mexico is also home to many shooting ranges. The downside of this high prevalence of firearms is that accidents happen, and accidents involving firearms can be especially dangerous.
If you have been the victim of a firearm accident, you probably have a lot of questions running through your mind. Below we have addressed some of the more common questions. Keep in mind that our Santa Fe injury lawyers are always just a phone call away to address any other concerns you might have.
What Are the Common Causes of Accidental Shootings in NM?
Accidental shootings can unfortunately happen for a myriad of reasons. Some of the more common causes of these tragic accidents are:
Negligent Behavior by the Handler
The most common cause of an accidental shooting is the firearm handler acting negligently. Someone is negligent when they fail to use reasonable and ordinary care under the circumstances. For example, if an employee at a gun range didn’t properly supervise the customers who were firing guns, that would be considered negligent behavior.
Another example would be if someone in your vicinity had a loaded firearm and wasn’t storing it properly on his or her person, and it accidentally went off. In that example, that person was not exercising the care that a reasonable person would by ensuring that the firearm is not loaded and stored properly.
Insufficient Training
Another common cause of accidental shootings is a lack of training; in New Mexico you do not need to have any sort of professional training in order to purchase a gun. Unfortunately, this means that sometimes gun owners are not adequately trained on how to handle or maintain their firearms. As you might imagine, this can have devastating consequences.
Lack of Muzzle and/or Trigger Discipline
Experienced firearm handlers know what these terms mean, but in case you do not, muzzle discipline refers to the practice of keeping the gun pointed in a safe direction at all times. Trigger discipline refers to keeping one’s fingers away from the trigger until the very moment the handler is ready to fire. Even a handler with firearm training can have poor muzzle or trigger discipline, and when they do, it makes it much easier for accidental fires to cause injuries.
Firearm Defects
On occasion, accidental shootings are not caused by the handler but instead are caused by the producer of the firearm. Firearms can be defective in different ways: they can be designed defectively, manufactured defectively, or marketed defectively.
For example, a design defect would be where a particular gun was designed poorly and caused that type of gun to spontaneously discharge, whereas if the issue was solely with one handler’s gun, that would be considered a manufacturing defect.
A marketing defect refers to when a company fails to include or present adequate warnings related to the firearm. If the accidental shooting that injured you or your loved one was caused by a defective part, you may have a legal claim against the company that produced it.
What Kind of Compensation Might I Receive?
If your case is resolved through negotiations, then you will receive a lumpsum amount specified in the settlement agreement. If your case is resolved at trial, then the damages you can be awarded may depend on the type of lawsuit that you bring. However, generally plaintiffs in these types of cases can receive two forms of damages: economic damages and non-economic damages.
Economic damages include medical costs, lost income, and potentially loss of future income if you are injured in such a way that prevents you from returning to work. Non-economic damages include pain and suffering damages, which refers to compensation for the physical and emotional pain and stress caused by the accident.
In some circumstances you may be able to recover punitive damages. Punitive damages are awarded in order to punish the defendant for their bad acts.
In New Mexico these can only be awarded if the plaintiff can show that the defendant was malicious, willful, reckless, wanton, or fraudulent, or acted in bad faith. This is one of the many reasons why it is so important that you have an experienced Santa Fe injury lawyer by your side.
Why Do I Need an Injury Lawyer Near Me?
Hiring an experienced injury attorney is essential for you to get the compensation that you deserve. An experienced lawyer knows how to investigate your case, pinpoint what legal claims you can assert in New Mexico, and negotiate with the opposing counsel. Most importantly, if it is necessary, your personal injury attorney can plead and prove your case in court.
Convincing a jury that the defendant was negligent is a tough task. In fact, different types of legal claims have different elements that each need to be proven to the jury.
For example, in a negligence cause of action, the lawyer must prove that the defendant owed a duty of care, breached that duty of care, the breach caused the plaintiff’s injury, and the plaintiff suffered from damages as a result. Each of those four elements must be proven to a jury. Without an experienced accidental shooting lawyer by your side, that will be difficult if not impossible.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
