Visitor Question

Shooting Accident…

Submitted By: A (Louisiana, USA)

Here’s the scenario: A boy was hunting with other friends. One of the friends did not unload his shotgun when they got back in the boat. When they arrived at the landing to load up the boat, the boy pulled his gun up from bottom of the boat and it went off, shooting the boy in front of him in the hand.

The boy has had 4 surgeries to save his hand and lots of therapy. He had one finger that had to be cut off so far and he still has to have more surgeries. The boy that shot him is an 18 year old high school student still living at home with parents.

Who would be responsible to pay the injured boy’s medical bills, the 18 year old or the 18 year old’s parents? This accident occurred in Louisiana. It’s against the law in Louisiana to have a loaded gun in a boat. Thank you.

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 A,

The boy’s parents’ homeowners insurance company should cover the injuries. Because the “boy” is not technically a boy anymore, his parents won’t be personally liable. The young man though should be covered as a resident of the household.

To recover an appropriate insurance settlement will require proving negligence. That doesn’t seem to be a problem in this case. Negligence seems to be pretty clear. In addition, there may be a police report. The victim should get copies of the police report and all his medical records, including the ambulance reports.

He should also be sure to make copies of all receipts for medications, slings, hospital and doctors’ offices parking fees, and even a pro-rated amount for the gasoline he or his family used while taking him to and from doctors appointments.

This is a serious case and should only be handled by a competent personal injury attorney. Most will not charge for an initial office consultation. Have him gather all the above documentation and seek the advice and counsel of an attorney with whom he feels most confident.

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: June 28, 2013

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