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Many Americans own and use firearms for hunting, recreational shooting, or personal protection. Most gun owners exercise a high level of caution around their weapons to prevent tragedy. Unfortunately, negligent individuals with access to firearms cause thousands of injuries each year. If you were injured or lost a loved one to an accidental shooting, contact our experienced personal injury lawyers today for assistance.
An accidental shooting injury can result from many types of negligence and reckless behavior. Some of the most common causes of unintentional shooting injuries include:
Most responsible gun owners understand the fundamental rule of firearm safety: always treat the weapon as if it is loaded. This critical guideline helps prevent tragic accidents and ensures safe handling practices. Unfortunately, accidents can still happen when someone assumes there is no live ammunition in the gun, leading to potential discharges that could cause injury or death. Proper firearm safety includes regular checks, cautious handling, and respect for the power contained within each firearm.
Securing a firearm is a crucial safety measure that can significantly reduce the risk of tragic accidents involving weapons. When a gun is appropriately stored in a locked safe or with safety devices engaged, it prevents children or untrained individuals from accessing it. Unauthorized access by such individuals can lead to accidental discharges, injuries, or fatalities. Implementing proper secure storage practices is an essential step in ensuring safety and preventing tragedies.
Having a firearm in the possession of a person who is under the influence of alcohol or drugs significantly increases the risk of a tragic incident. When an individual is intoxicated, their judgment, coordination, and reaction times are impaired, which can lead to careless behavior around weapons. Unfortunately, many accidental shootings happen because such individuals do not handle guns responsibly, often underestimating the dangers or becoming distracted.
Like any other manufactured product, firearms are susceptible to manufacturing defects that can compromise their safety and reliability. Poor quality control, substandard materials, or errors during assembly can result in faults in critical components, such as the barrel, firing pin, or magazine. Shoddy construction, including weak welds, improperly fitted parts, or inferior manufacturing processes, creates dangerous situations for firearm users. These defects, if not identified and addressed, may cause malfunctions ranging from misfires and jams to catastrophic failures.
The bottom line is that a gun in the hands of a negligent person can be catastrophic, and victims and their families deserve justice. Hiring an accidental shooting lawyer can provide support through the legal process and help recover compensation.
Did you know?
A study found accidental shootings increase around major US holidays such as July 4th, Thanksgiving, Christmas, and New Year’s. This is due in part to more individuals staying home and excessive alcohol use.
Tragically, 463 people lost their lives to accidental shootings in 2023, according to the CDC. To lose a loved one in this way is a tragedy that too many families have to contend with. If your loved one was killed by an accidental shooting, you can pursue compensation through a wrongful death claim on their behalf. A family can seek compensation for funeral expenses, medical bills, lost wages for the deceased, and pain and suffering. Any amount of money is not a substitute for a devastating loss of life, but a wrongful death lawsuit can deliver financial support to surviving family members who have lost everything.
Liability is the key to pursuing any compensation in a personal injury lawsuit. Much like a car accident or motorcycle wreck, your attorney will have to determine who is liable for the accidental shooting injury. More than one party may be liable for a single incident, such as the person who fired the weapon, the gun owner, or a homeowner where the shooting occurred. Once liability is established, injury victims can seek various types of compensation.
North Carolina does not require gun owners to store their firearms in a particular way or in a lockbox. However, adults whose negligent oversight resulted in a minor child having access to the weapon without supervision can be held liable.
The compensation you can recover depends upon several factors, including how severely injured you are. The types of damages fall into two categories: compensatory and punitive damages.
Punitive damages are awarded as a punishment to the negligent shooter for inflicting harm upon a victim. It’s exceedingly rare to recover punitive damages unless the defendant’s behavior was extraordinarily egregious or willful.
Firearms have the potential to cause innumerable injuries. That’s why it’s important to hold negligent firearm operators accountable when an accident occurs. The experienced personal injury attorneys at Maginnis Howard have decades of experience fighting for clients and their loved ones when the unthinkable happens. Our firm takes time to get to know each client personally to represent them best- you’re never a case number. To schedule a free consultation, contact us today. We represent clients across the Carolinas from our offices in Raleigh, Charlotte, and Fayetteville.
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