Injured by Accidental or Negligent Discharge of a Firearm? How to Sue for Gun Accidents

Gunshot victims and their families have a right to fair compensation under the law. Pursue the settlement you deserve after a gun accident.

Thousands of Americans are injured by gun accidents every year. But just because a serious or fatal injury was unintentional doesn’t mean there are no legal consequences.

Liability to pay for the gunshot victim’s damages may fall on the firearm owner, the person who fired the gun, the firearm seller, or even the gun manufacturer.

Gunshot victims and their families are often entitled to financial compensation for their injuries, expenses, and emotional distress. If you or a loved one were injured in a gun accident, you need to know how to build a strong legal case.

Accidental vs Negligent Gun Accidents

Most gun injuries and death happen unintentionally when a gun is either accidentally or negligently fired.

The law recognizes a difference between accidental and negligent discharges. It’s more difficult to succeed in a personal injury claim when the discharge was accidental rather than the result of gross negligence.

Accidental Discharge of a Firearm

Accidental discharge covers an array of circumstances. Anyone can accidentally discharge a firearm while cleaning it, transporting it in a car, or carrying it. Failing to engage the safety, dropping the firearm, or grasping the firearm with a finger on the trigger are common causes of gun accidents.

Accidents can happen even when the gun owner had proper training and took all reasonable precautions to ensure the safety of others.

  • Example 1: An owner was placing his gun in a locked cabinet when it slipped out of his hands, fell to the ground and discharged, hitting his friend in the leg.
  • Example 2: During a training session, a student’s finger slipped off the handgun trigger guard onto the trigger, causing the gun to discharge and hit the instructor.

In both cases, the person holding the gun can argue they took all proper safety precautions, so the discharges were accidental.

Negligent Discharge of a Firearm

Negligent discharge occurs when the gun owner or shooter fails to exercise reasonable care and precaution when handling the gun, thereby endangering the safety of others.

  • Example 1: Before putting his hunting rifle away, the gun owner consumed several beers. Then the gun slipped out of his hands, fell to the floor and discharged, hitting his friend. When the police responded, they administered a breath test, which showed the gun owner was under the influence.
  • Example 2: During a training session, the student thought it would be funny to aim at the instructor and say, “Bang!” While raising the gun, the student’s finger slipped off the trigger guard onto the trigger, causing the gun to discharge and hit the instructor.

In these cases, the gun accidents were caused by behavior that unreasonably jeopardized the safety of others, so the discharges were due to negligence. A reasonable person would not have engaged in reckless behavior with a firearm.

Negligent gun handlers may face criminal charges ranging from a misdemeanor firearm charge to a serious felony conviction with a state prison sentence.

Gun Ownership Restrictions

It may not matter whether a shooting injury was accidental or negligent if the firearm should not have been there in the first place. Illegal possession of a firearm is a criminal offense.

Under the federal Gun Control Act, you are not allowed to possess a firearm if you:

  • Were convicted of a crime punishable by imprisonment for more than one year
  • Are a convicted felon
  • Are a fugitive from justice
  • Are hooked on or use any illegal substance
  • Have been committed to a mental institution or adjudicated as mentally ill
  • Are an illegal alien
  • Were dishonorably discharged from military service
  • Have renounced U.S. citizenship
  • Are subject to a court restraining order that involves your intimate partner or your partner’s children
  • Were convicted of domestic violence

American states have their own firearm statutes that may be more restrictive than federal laws. Find the firearm rights and restrictions for your location: Gun Laws by State

How To File a Gunshot Claim or Lawsuit

You may decide to handle a minor injury claim without retaining an attorney. Unfortunately, most gun injuries are quite serious and require an experienced personal injury attorney for the best outcome.

Depending on the circumstances, gun accident victims have the right to seek compensation for their damages from negligent gun owners, shooters, or manufacturers.

Personal injury damages can include:

  • Medical bills
  • Out-of-pocket medical expenses
  • Lost wages, including sick days and vacation time used during recovery
  • Pain and suffering
  • Funeral expenses

Settling a Minor Gun Injury Claim

If you’re lucky enough to have completely recovered from minor gun accident injuries, the gun owner’s homeowners or business insurance may offer Med-Pay coverage for medical expenses up to $5,000, depending on the policy limits.

Med-Pay claims do not require proof that the gun owner acted in a negligent manner. You can file a claim for an accidental shooting.

Med-Pay won’t cover any amount for pain and suffering. If your medical expenses exceed the Med-Pay limit, you will have to prove negligence to reach the homeowners’ full liability coverage.

When giving your statement to the insurance adjuster, don’t say anything that would suggest you contributed to causing your injuries. Avoid statements like, “We had a couple of beers,” or “The range guy told me the gun was too large for me.”

Serious Injury Claims and Lawsuits

You’ll need an experienced personal injury attorney to get anywhere near fair compensation for wrongful death claims, severe or permanent injuries, or cases involving multiple at-fault parties.

Your attorney will identify the at-fault parties and file a lawsuit on your behalf in the appropriate court.

Through the litigation discovery process, your lawyer can cut through corporate red tape and obtain critical information you just can’t access on your own.

High-dollar claims against gun companies, firearm distributors, or range owners are expensive and complicated. You’ll need a specialized law firm that can afford to advance your court costs, expert attorney fees, and other trial preparation expenses.

There’s too much at stake to tackle a serious gun accident case without expert legal advice. Most injury attorneys offer a free consultation to gunshot victims and their families.

Accusations of Victim Blame

The insurance company or the shooter’s criminal defense attorney may try to place some or all the blame on the shooting victim, especially if alcohol or horseplay was involved. Other legal defenses include a claim of self-defense. If they succeed in shifting the blame, your compensation may be denied or reduced.

Contributory Negligence rules affect injury claims in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. If the victim shares as little as one percent of the blame for the shooting, the defendant will use a pure contributory negligence argument to deny your claim.

Comparative Negligence or modified comparative negligence is used in most states. Under modified comparative fault rules, the amount of compensation is reduced in proportion to the victim’s share of the blame. You may be denied compensation if you are equally or more to blame for the circumstances of the shooting.

4 Things to Do After a Shooting Accident

The actions you take after a shooting incident will protect your health and pave the way for a successful injury claim or lawsuit. Your case will be stronger when you collect good evidence from the start.

1. Seek Immediate Medical Treatment

Call 911 for serious gunshot wounds, or have someone take you to the nearest hospital. This is not the time for bravado. Even a “flesh wound” can become badly infected, or may be more serious than you realize. The adrenaline rush of a traumatic wound can mask symptoms of serious injuries and shock.

Medical care providers are typically required by state law to report gunshot wounds, even when the incident is purely accidental or self-inflicted. A police officer may come to the hospital to investigate what occurred.

2. Locate Potential Witnesses

Witnesses to a shooting can be powerful allies. Ask anyone who saw or heard what happened for their contact information. Witness testimony is powerful evidence of the other person’s fault, and can also help prove that you didn’t contribute to causing your injuries.

Example: Helpful Witness Statement

Your neighbor’s 13-year-old son Paul shot your son in the face with a BB gun. Paul’s parents said their son couldn’t have been involved because he was at home playing video games at the time of the shooting.

Fortunately, another neighbor, Margaret was walking her dog when she witnesses the shooting. Margaret provided a written statement verifying that Paul had been shooting at birds when he suddenly pointed and fired the BB device at your son.

3. Get Pictures and Video

Take photographs of your injuries as soon as possible after the accident and throughout your recovery.

Security cameras can produce graphic evidence in an injury claim. Most gun ranges have security cameras, as do many parking lots and public buildings. Your neighbors may have doorbell cameras on their front and back doors. Ask the property manager or homeowner to preserve any camera footage taken on the day of the shooting.

You aren’t likely to get your hands on the footage without a subpoena, but your attorney can.

4. Collect Proof of Your Damages

Proof of damages is the basis of any bodily injury claim. Without proof of real damages, there’s no claim.

You can’t file a claim because a gun owner handled a gun recklessly in front of you or your children (although the gun owner may face criminal charges for brandishing), or because you thought your gun safety instructor wasn’t a good teacher. You must present evidence of measurable damages for your injury claim to succeed.

Gather copies of all medical records and bills, including ambulance expenses, receipts for out-of-pocket medical expenses, and a statement of lost wages. The medical notes will confirm the extent of the injuries. Medical costs and lost wages are used in compensation calculations.

Common Causes of Gun Accidents

Every gun accident is unique, but common causes ranging from carelessness to product defects often play a role.

  • Inadequate Training: The number of firearms types is vast, ranging from BB guns to high-precision sniper rifles. Knowing the proper way to handle a firearm is essential. Without proper training in the use and care of firearms, the probability of gun accident injuries can rise dramatically.
  • Lack of Adult Supervision: Parents who fail to secure firearms out of the reach of children are inherently negligent. In the unfortunate event a child gets hold of a firearm and discharges it, causing injury or death, the gun owner may be criminally liable. Additionally, the injured victim or their family can seek compensation in civil court.
  • Reckless Firearm Handling: Passing firearms back and forth, aiming guns and playing at shooting, failing to keep the safety engaged, and celebratory firing into the air are some examples of reckless disregard for the safety of yourself or others.
  • Hunting Accidents: Gun accidents while hunting can happen when the hunter fails to positively identify the target while shooting or fails to maintain a safe firing zone. People who fail to wear orange-blaze apparel while in hunting zones are at increased risk of being mistaken for game.
  • Improper Maintenance: Dirt and debris buildup in barrels of poorly maintained firearms may block ammunition discharge, resulting in rupture-type explosions if it is fired.
  • Improper Use of Ammunition: Using the wrong caliber or size of ammunition, or poorly made reloaded or repacked cartridges can lead to dangerous firearm malfunctions.
  • Intoxication: Accidental firearm discharge after consuming alcohol or other drugs is a leading cause of gun injuries. Persons under the influence of drugs or alcohol have poor judgment and are prone to make mistakes, for example leaving live rounds in the chamber, goofing off while holding the gun, or stumbling and falling while holding a loaded gun.
  • Poor Range Management: Gun firing ranges are loud and busy places. It’s common to find law enforcement officers, business tycoons, and soccer moms standing a foot or more apart from each other with weapons loaded and ready.
  • Manufacturer Defects: Gun owners expect their firearms to function correctly and according to model specifications. When a firearm unexpectedly discharges or breaks apart, causing injuries, the manufacturer and the store where the owner purchased the firearm may be made to pay under product liability laws.

Grounds for firearm product liability claims may include:

  • Manufacturing Defects: A poorly bored barrel, or an incorrectly mounted trigger can undermine the performance of the firearm. Manufacturers are often liable for injuries caused by a manufacturing defect.
  • Design Defects: If a firearm producer could have modified the design to avoid accidental firing, the producer may be liable for any resulting injuries.
  • Insufficient Warnings: Manufacturers must include all relevant safety information with their products. Failing to include critical information, such as instructions for unloading a weapon or engaging the safety catch, may make the manufacturer responsible for resulting injuries.

Gun Accident Claim Questions