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You can frequently turn on the news and see updates of the most recent shootings and the victims who have been injured or killed by such violence. However, in addition to the threat posed by this intentional violence across the country, many people are injured or killed each year as a result of unintentional shootings where the person holding the firearm did not intend to strike the victim. These cases can be especially tragic, as they are often completely avoidable if proper care is taken. That’s why it’s important to call accidental shooting lawyers in Houston if you need help.
If you or a loved one have been injured in an accidental shooting in Houston, call Zinda Law Group today at (800) 863-5312 to schedule your free consultation with one of our experienced accidental shooting injury lawyers who can help you pursue maximum compensation after your accident. If we are not able to win your case, you will not owe us anything.
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HOW CAN AN ACCIDENTAL SHOOTING HAPPEN?
An intentional shooting is fairly straightforward: someone intentionally pointed a gun at someone else or themselves, and then they intentionally pulled the trigger to fire the gun.
However, in an accidental shooting, the root cause is usually or negligent behavior. Across the United States, nearly 500 people die each year from accidental firearm injuries, accounting for approximately 37 percent of nonfatal firearm accidents. According to the John Hopkins Center for Gun Violence Solutions, the most common circumstances in which an unintentional gun death occurs are when someone is playing with a firearm, believes that the gun is unloaded, or is hunting.
An accidental shooting can be caused the following reckless or negligent behavior:
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Failing to Prevent Child Access to Guns
Many accidental shootings in the U.S. involve children. Of course, there may be some situations where it can be appropriate for older children to have access to a firearm, such as while hunting with a parent. However, a child should never be allowed to have any access to a firearm without being closely supervised by an adult who is responsible and sober. Firearm owners must make sure to properly store firearms out of the reach of children to prevent a child from gaining access to the firearm without the parent or gun owner’s knowledge. Many tragic firearm accidents are caused because a child was able to gain access to the firearm without parental supervision, leading to an accidental shooting.
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Poor Trigger Discipline
When handling a firearm, a person must always take great care not to put their finger on the trigger unless they are preparing to fire. To maintain proper trigger discipline, a person should always make sure their finger is off and far away from the trigger, including outside of the trigger guard or in the receiver area. Failing to exercise proper trigger discipline can lead to someone accidentally touching or pulling the trigger, resulting in an unintentional injury or death.
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Failure To Make Sure The Gun Is Unloaded
One of the most important rules of gun safety is to always treat every firearm as if is it loaded. Unfortunately, many accidental shootings often occur because someone failed to follow this rule and assumed a gun was unloaded before cleaning it or wielding it around others.
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Poor Muzzle Awareness
Another critical rule of gun safety to prevent accidental shootings is to always practice safe muzzle awareness. Handling a firearm responsibly and safely means to never point the gun at anyone or anything the person does not intend to destroy. It is extremely reckless and dangerous to even jokingly point a gun at someone. Similarly, poor muzzle awareness can also include unconsciously letting the muzzle drift across the person’s body or posing with the gun in such a manner that the muzzle is pointing at a person or object. If walking or moving around, the person carrying the firearm should take care to keep the gun pointed at the ground with his or her finger off the trigger.
Being Unsure of the Background or Target
Further, some accidental shootings can occur when the person intended to fire the weapon but did not intend to hit the person or object that was struck by the bullet. In some cases, these shootings may involve firing at something that was the right color but the wrong size, such as a hunter firing at another hunter because they are generally dressed to blend in with their surroundings or they may fail to wear appropriate gear to make them visible to other hunters.
In some other cases, someone may be firing at an intended target, but they fail to be properly aware of people or objects in the background around the target. As a result, bullets could penetrate all the way through a target and continue through to strike someone located behind the intended target. This danger can also be increased depending on the type of ammunition being used as some ammunition is designed to penetrate deeper without exploding inside a target, such as full metal jacket target rounds, while other ammunition, such as hollow points, is designed to explode within its target.
Alcohol or Drugs
In some cases, an accidental shooting can be caused by someone wielding a firearm while under the influence of alcohol or drugs. These substances impair a person’s judgment and can often make a person more impulsive and reckless, possibly leading to dangerous behavior such as waving a firearm around or recklessly pointing the gun at someone. In fact, as many as 25 percent of victims of unintentional firearm injuries had consumed alcohol, with this number rising to nearly half of all 20 to 29-year-olds who died from accidental shootings.
Importantly, the use of alcohol or drugs can also impair the person’s reaction time and perception, which in turn may lead to the shooter improperly aiming the gun at an unintended target. Also,, using alcohol or drugs can also cause the shooter to potentially misidentify the intended target, especially in a high-stress situation.
Ultimately, most unintentional shootings are caused by someone making a poor decision to be reckless or careless with a firearm. While the results of intentional or unintentional shootings may be similar for victims, the difficulty in determining the cause of an unintentional shooting makes it critical for victims or their families to hire an experienced Houston injury lawyer as soon as possible after the accident. With the assistance of an experienced attorney, accidental shooting victims or their loved ones can pursue the maximum compensation they may be entitled to after the incident.
CASE RESULTS
Who may be liable for an accidental shooting?
Potential liability following an accidental shooting in Houston can be very complicated and depend on the specific facts and circumstances of the shooting. An experienced injury attorney in Houston can examine the nature of the accident and help you determine who may be liable for the shooting. Parties who could be potentially liable for the injuries and damages suffered by the shooting victim include:
Shooter
The shooter may be liable for any injuries or damages that are caused by his or her reckless or negligent behavior handling a firearm if they injure someone. If the shooter has homeowner’s insurance, the negligent handling of the firearm by the shooter may be covered under their homeowner’s insurance policy if they have any such coverage. However, in many cases, liability may not be that simple, especially if the shooter was a child or in cases involving a defective or malfunctioning firearm.
Property Owner
In most cases, a property owner may be considered responsible for the general safety of people on their property so long as the person is not trespassing or there without the property owner’s knowledge. This responsibility for visitors’ safety includes protecting them from any firearms that are stored or used on the property. For example, if a gun was improperly stored in an area that gets too hot= or if a gun falls on the ground causing it to go off, the property owner may be liable for any resulting injuries.
Firearm Owner
Some accidental shootings may occur because someone, often a child, was able to gain unauthorized access to the firearm. Whether the firearm was owned by the property owner or not, the firearm’s owner may be held liable for these shootings , if the firearm owner was negligent or reckless in failing to properly store or secure the firearm.
Gun Range or Club
If the accidental shooting takes place at a gun range or club, the range or club may be liable if there was any negligence on the part of the range that caused the shooting. For example, if the range provides firearm training and a trainer allowed the shooter to use a firearm without adequate training, both the trainer and the range or club employing the trainer could be held liable. The range could also be liable for negligent hiring if the trainer has a history of being involved in firearm accidents and was hired anyway.
Gun Manufacturer
In most cases, gun manufacturers cannot be held liable for the misuse of their products. Regardless of whether someone uses the gun to accidentally or even intentionally injure or kill someone else, the firearm’s manufacturer is protected from liability in most states across the country because the gun did what it was supposed to do when the person pulled the trigger. However, if the firearm misfired or exploded because of a manufacturing or design defect in the gun itself, your injury attorney may be able to hold the gun manufacturer liable.
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The legal process is complex, which is why it’s important for shooting injury victims to hire a Houston injury lawyer. An experienced attorney will use his or her knowledge of Texas law and their prior cases to help prepare your claim as soon as possible after the accident.
The accidental shooting lawyers at Zinda Law Group will conduct a thorough investigation of the accident to gather evidence and determine who may be potentially liable for the victim’s injuries and damages. They will also file a claim on your behalf, allowing you to focus on your physical and emotional recovery. Your attorney will negotiate with any other parties and any applicable insurance companies on your behalf to pursue an acceptable settlement, or your lawyer will take your case to trial if an acceptable settlement agreement cannot be reached.
Contact accidental shooting lawyers in Houston today
Victims of an accidental shooting are forced to deal with the heartbreaking aftermath, which can be especially painful knowing that this tragedy could have been prevented. Zinda Law Group’s experienced accidental shooting injury lawyers in Houston will work to handle your case to allow you to focus on your recovery.
If you or your loved one have been injured in an accidental shooting, call Zinda Law Group as soon as possible to schedule your free consultation with a Houston injury lawyer. Your attorney will help you determine who may be liable for the injuries you or your loved one suffered and can file your injury claim to help you seek maximum compensation.
Call (800) 863-5312 today for a free consultation with a compassionate personal injury lawyer. You will not pay anything unless we win your case. That’s our No Win, No Fee Guarantee.
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AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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