Visitor Question

Boy Accidentally Shot by a Gun….

Submitted By: Kris (USA)

My son was shot accidentally. The person was showing a gun and when he went to put it back in the holster it went off. The recoil threw his hand back and the bullet ricocheted off the gun cabinet. It hit my son in the thigh, then it went threw his scrotum then into the other thigh.

The bullet is still in his leg because the doctors said it would have caused more damage to remove it. Is there anything I can do to get my son’s treatment compensated?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kris,

The person who shot your son, accidentally or not, is liable for your son’s injuries.

You didn’t mention if the shooter was a minor or an adult. If he was a minor at the time of the shooting, his parents are liable for his actions. If he is an adult he is responsible for his own actions.

Another issue you may want to consider is where the shooting occurred. If it occurred on the shooter’s property, and he or his parents had homeowners insurance, there is a good possibility your son’s medical bills, your out of pocket expenses, such as prescription medicine, over the counter aids, and related expenses may be paid by the insurance..

It’s even possible any income you lost while taking your son to the hospital or for treatment may be paid as well.

If the person with the shooter didn’t have a license or permit to carry a weapon, or if you live in a state which doesn’t permit a person to have a weapon on their premises, the police should be contacted. The shooting may have been accidental, but accidental or not, discharging a firearm in public is a crime in most states.

If that is the case and the shooter or his parents are arrested or cited by the police for the weapons violations, part of the penalty or probation may be to reimburse you for your son’s injuries and the resultant medical treatment. In that case failing to do pay would be a violation of probation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 26, 2011

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