Living in Texas often means being around firearms. For some Texans, owning a gun is as normal as driving a car. While almost everyone has the right to possess firearms, this also means accidents can happen. This typically means contacting a Texas accidental shooting lawyer. Your accidental shooting may be eligible for a gun safety negligence case.
If you’re the unfortunate victim of an accidental shooting, here’s what you should know.
Understanding the Importance of Gun Safety
Texas law doesn’t require gun owners to undergo gun safety training classes. However, it’s highly recommended. Did you know Americans are almost four times as likely to die from accidental shootings compared to other developed, high-income countries? This is according to the EFSGV (John Hopkins Center for Gun Violence Solutions).
Why are the numbers so high for Americans? Unfortunately, it’s because of a lack of gun safety training. Simply spending a few hours in a firearm safety training course can significantly reduce the number of accidental shootings in Carrollton. This may mean you’ll never need the services of a Carrollton accidental shooting lawyer.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat is Gun Safety Negligence?
If you’re the victim of an accidental firearm discharge, you may be able to make a gun safety negligence claim. What is this type of claim?
A gun safety negligence claim states that the gun owner didn’t take reasonable precautions to prevent injury or harm. An example is leaving a loaded firearm lying around within the reach of children. If a child gets a hold of the gun and discharges it, you may be charged with gun safety negligence. If an injury occurs, the penalties can range from hefty fines to jail time.
Your Carrollton, accidental shooting lawyer, may use negligence to determine who’s at fault in your injury case. Your case must meet a few legal standards to determine if negligence applies.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationGun Safety Negligence Standard
Your Carrollton accidental shooting lawyer will gather evidence to prove the following standards. If your case doesn’t meet these standards, seeking personal injury damages may still be possible.
Duty of Care
Proving a gun safety negligence case starts with proving there’s a reasonable expectation for duty of care at the time of the accidental firearm discharge. This goes a little beyond simply expecting not to be accidentally shot.
Duty of care refers to the expectation that the gun owner has taken reasonable steps to ensure everyone’s safety. The standard addresses two questions, and the answers determine whether or not the duty of care is breached.
- Is there an unjustifiable risk? For example, is a loaded gun in the reach of children?
- Is the defendant aware of the risk, or should be aware of the potential threat? Did the defendant know their firearm was loaded and children were nearby?
If the answer to these two questions is yes, you’ve met the requirements for proving the standard.
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 ConsultationCommon Causes of Accidental Shootings
Most accidental firearm discharges are caused by neglect or a lack of safety training. Even though gun safety training isn’t a state requirement in Texas, enrolling in a course is still a good idea. Finding gun safety training classes isn’t difficult. Most shooting ranges offer classes at surprisingly affordable prices. You may even be eligible for free gun safety training if you purchase a firearm from the shooting range.
If you’re the victim of a firearm discharge, your Carrollton accidental shooting lawyer will look at the cause.
Lack of Parental Supervision
An unfortunate common cause of accidental shootings is because of a lack of parental supervision. Children often aren’t aware of the potential dangers associated with guns. Cartoons often downplay the dangers guns can pose. Think of all of the times cartoon characters miraculously recover from a gunshot wound.
When parents leave guns in places easily accessible for children, accidents involving firearms can occur.
A good tip is to always lock your firearm in a gun safe. You should also keep your firearm unloaded, with the clip out, until you’re ready to use the gun.
Careless Gun Handling
Common sense dictates you should never point a firearm at someone, even if the gun is unloaded. There’s always the chance a bullet is in the chamber, and this can result in an accidental shooting.
Never wave a gun around; always clear the chamber before cleaning a firearm. These are only a few gun safety tips everyone should follow.
If you are injured because of careless gun handling by someone else, you may have met the standards necessary for filing a firearm safety negligence case.
Poor Gun Control at the Shooting Range
Accidents can happen at the shooting range. Thankfully, it’s relatively rare, but incidents still occur. If you’re the victim of an accidental shooting at a firing range, your legal case is a little more complex. Your Carrollton accidental shooting lawyer will explain the ins and outs of your case.
You may be able to file a claim against the shooter and the owner of the firing range. Your attorney may be able to prove both parties are responsible for your injuries. However, every case is unique, so obtaining legal representation is always best.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationWhat to Do If You’re the Victim of an Accidental Shooting
There are a few steps you should take if you’re the victim of an accidental shooting. The first is to seek immediate medical attention. Even if your injuries are minor, visiting a physician is still a good idea. Besides, your Carrollton accidental shooting lawyer may need medical documentation to support your gun negligence case.
You also want to report the incident to the authorities. This is a legal requirement. You’ll also need a copy of the incident report to support your negligence claim. The next step is to contact an accident attorney. You don’t want to go through the legal process alone.
Protect Your Legal Rights with a Carrollton Accident Lawyer
Regardless of the severity of your injuries, you want to work with a Carrollton accident lawyer. Your attorney will work with you to prove your claim and ensure you receive fair compensation for your injuries. Contact the Zinda Law Group today to receive a free case evaluation and discuss your case!
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
