Although most gun owners diligently adhere to responsible gun safety techniques, it is important to acknowledge that accidents can, and unfortunately, do occur. If a negligent gun user injured you, an accidental shooting attorney in El Paso, TX, can help you claim damages.
At Zinda Law Group, we offer compassionate legal support to accident victims as they rebuild their lives. We understand that you may face an uphill battle of physical recovery while struggling with finances. Our El Paso personal injury lawyers will help you fight for justice. Call us to schedule a free case evaluation.
Does My Case Qualify As an Accidental Shooting?
An accidental shooting, also called an unintentional discharge, is when a firearm is discharged without the intended purpose or target in mind. It involves the unintentional firing of a gun, resulting in injury or death. Accidental shootings typically result from negligence, lack of proper training, or product defects.
Our El Paso accidental shooting lawyers will carefully investigate the circumstances of your injury and determine whether you have a valid case. We will help you understand how Texas laws impact your claim and help you navigate the legal process.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationIdentifying the At-Fault Party After a Shooting Accident
If you decide to take action after being injured by an unintentional firearm discharge, it’s crucial to identify the liable party. A lawyer will help you determine who should be responsible for the accident and the resulting harm.
Most shooting accidents fall under two categories, user negligence, and product defect. In these cases, the responsible party could be the gun user, owner, or firearm manufacturer.
The Gun User
Regarding accidental shootings, it is important to acknowledge that the gun user can be held at fault for the incident. Responsible gun ownership entails exercising caution, adhering to proper safety protocols, and ensuring adequate training in firearm handling. When an accidental shooting occurs, the gun user’s actions or lack thereof may contribute to the accident.
The gun user may be at-fault under the following circumstances:
- Negligent handling
- Lack of proper training
- Failure to secure the firearm
- Violation of local laws or regulations
- Recklessness or intoxication
The Gun Owner
In Texas, a gun owner can be held responsible for an accidental shooting caused by someone else under certain circumstances. The state follows the principle of “negligent entrustment,” which can establish liability for the owner who provides a firearm to someone unfit to handle it safely.
According to Texas law, if a gun owner knows or should know that the person to whom they are entrusting their firearm is reckless, incompetent, or has a history of irresponsible behavior, they may be held partially liable for any resulting accidents or injuries. This applies if the owner fails to exercise reasonable care in entrusting the firearm to someone with a foreseeable risk.
However, it’s important to note that determining liability in a specific accidental shooting case can be complex. A qualified attorney well-versed in Texas firearm regulations is crucial to assess the potential liability of a gun owner for an accident.
The Gun Manufacturer
If you can prove that the firearm involved in the accident had a design defect, manufacturing defect, or lacked adequate warnings or instructions, the manufacturer may be held liable.
The manufacturer may be at-fault for an unintentional firearm discharge under the following circumstances:
- Design defects refer to inherent flaws in the firearm’s design that make it unreasonably dangerous when used as intended.
- Manufacturing defects occur when errors or deviations during manufacturing lead to a defective firearm.
- Insufficient warnings or instructions refer to the manufacturer’s failure to provide adequate information on the safe handling and use of the firearm.
To establish liability, you must demonstrate a direct link between the manufacturer’s actions and the resulting shooting accident. Our accidental shooting lawyers in El Paso, TX, can determine the manufacturer’s potential fault. Zinda Law Group will help you pursue a legal course of action to seek compensation for injuries caused by the shooting accident.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationYou May Recover Damages
As a victim of an accidental shooting in El Paso, you could qualify for damages to cover your losses. Depending on the severity of your injuries, you may experience long-term medical expenses. Also, your injuries may prevent you from working until you recover, or in more serious cases, you may be forever unable to earn an income.
If you were injured in an accidental shooting, you could qualify for the following economic and non-economic damages:
- Medical bills
- The cost of future medical care
- Lost wages
- Loss of earning potential
- Pain and suffering
- Loss of consortium
- Emotional distress
As your lawyers, we will use all available evidence to quantify all your losses and future expenses. We will rely on various pieces of evidence (including bills, receipts, and witness statements) to help you recover maximum compensation.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationFile a Personal Injury Lawsuit Within the Texas Statute of Limitations
Texas sets a deadline for victims to file a lawsuit against the liable party. In most personal injury cases, you have two years from the date of the injury to take legal action. However, certain factors could extend the deadline or shorten it. An accidental shooting lawyer can determine the statute of limitations that applies to your case.
Failing to meet the deadline may lead to the dismissal of your case. Also, you may no longer be able to recover compensation for your accident-related losses.
While two years may seem like ample time, it is not necessarily so; building a strong case against the defendant takes time and effort. It’s best to seek legal guidance immediately after the accident to give your lawyer ample time to prepare.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationCall An El Paso Accidental Shooting Lawyer Today
If you have been involved in an accidental shooting incident in El Paso, seek legal assistance without delay. Unintentional firearm discharges can lead to severe injuries and financial burdens. Navigating the legal complexities surrounding such cases requires professional legal assistance.
By contacting the El Paso accidental shooting attorneys at Zinda Law Group, you can access professional guidance tailored to your specific situation. With our knowledge of local laws and regulations, we will provide the legal support you need during this challenging time. Call us today to discuss your options for financial recovery.
What Are the Causes of Shooting Accidents?
Unfortunately, there are many different possible causes of accidental shootings. Some of the more common causes are:
Insufficient Training
Handling a gun is not a skill that comes naturally, which is why it is very important that every person who is going to touch the weapon has sufficient training to know how to handle it. Whether you’re at a firing range with an instructor or at home with a family member, that other person should take the time to make sure you know how to use and navigate the weapon. When they don’t, it can be extremely dangerous.
Dangerous Assumptions
A common cause of an individual shooting accidentally is assuming a gun is unloaded when in fact it is not. Whether the individual is going to clean the gun, is showing it off to friends, or is just relocating it, assuming that the weapon is unloaded can be very dangerous and can cause an accidental shooting. The best practice is to always assume every gun is loaded and handle it with that assumption in mind.
Lack of Muzzle Discipline
As you may know, muzzle discipline refers to keeping the firearm pointed in a safe direction at all times. The purpose of muzzle discipline is that if the gun is always pointed in the safest direction possible, then if there is a negligent discharge, it will not physically harm anyone. Whether it is because of a lack of maturity, insufficient training, or intoxication, oftentimes gun owners leave their muzzle discipline at the door; when they do, it is very dangerous.
Inadequate Trigger Discipline
Another important discipline for gun owners to practice is trigger discipline which refers to keeping their fingers off of and far away from the trigger until the gun handler is ready to fire. If a handler lacks trigger discipline and has their finger on it before they are ready, it makes it that much easier to accidentally fire and injure someone.
Gun Range Negligence
Customers go to gun ranges to learn how to safely handle a gun, but if a range is poorly maintained or uses faulty equipment, customers can end up shooting accidentally at other customers or employees nearby. This can turn what was supposed to be a learning and fun experience into an absolute tragedy.
Defective Parts
Firearms, unlike most products in the United States, are not within the scope of the Consumer Product Safety Commission. Unfortunately, this means that it is not uncommon for a gun to be defective or have a defective part. Defective parts, as you may expect, can be very dangerous and cause accidental shooting accidents.
If you or a loved one were injured in an accidental shooting in El Paso, but the cause of your accident is not listed above, don’t let that stop you from reaching out to one of our personal injury lawyers. We recognize that these kinds of accidents can happen for a myriad of reasons, and we believe that if yours was caused by negligence of some kind, you deserve compensation regardless of your circumstances.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
