Houston Accidental Shooting Lawyer

A gun is a dangerous weapon. However, when handled properly, the dangers of a well-designed and maintained firearm are minimized. Unfortunately, there are far too many cases every year where an accidental shooting occurs because a gun is mishandled or defective. If you incurred damages due to an accidental shooting, a Houston accidental shooting attorney can help.

At Zinda Law Group, our team of personal injury lawyers in Houston has a long history of getting our clients the money they need. In over 15 years of serving the community, we have represented over 10,000 clients and recovered more than $210,000,000 in damages. Reach out to us today by phone or through our website to schedule a free case consultation.

Establishing Negligence in a Houston Accidental Shooting Case

When attempting to prove negligence and collect damages following an accidental shooting, it is necessary to prove that the four elements of negligence were present in your case.

Duty of Care

The first element of negligence is the existence of a duty of care. You must show that the party responsible for your injury owed you a duty of care. Proving this element is simple in the majority of accidental shooting cases.

If the liable party was the person who was handling the weapon, this duty existed because all those who handle firearms are expected to behave in the manner that a reasonable person in their situation would to ensure safety.

Breached Duty of Care

Next, you need to demonstrate that the defendant breached their duty of care. There are various ways in which a person handling a firearm can breach their duty of care, including:

• Failing to check whether the firearm is loaded
• Placing a finger on the trigger when not intending to fire
• Failing to engage the safety mechanism on the weapon
• Failing to ensure the gun is not pointed at others

Damages

The third element of negligence is damages. You must show that you suffered damages in the incident. Medical records and photographs can be used to show that you sustained a gunshot wound. However, expert witness testimony from a medical professional may be necessary to prove other damages, such as hearing loss caused by the discharge of the weapon.

Causation

The final thing you must establish is causation. An experienced Houston accidental shooting lawyer can help connect the dots for the jury, demonstrating how the liable party breaching their duty of care was the direct cause of your damages.

A Civil Lawsuit Vs. Criminal Charges

After an accidental shooting, there is a strong chance that the party that fired the gun will face criminal charges. The exact charges that apply will depend on the nature of the accidental shooting. However, the liable party being charged with a crime does not mean you don’t have to file a lawsuit.

In a criminal case, a defendant will face possible incarceration and fines. In some situations, they may even be ordered to pay restitution to their victims. However, this is not always the case, and even if restitution is ordered, it will not always be enough to cover your losses.

Filing a civil lawsuit will help ensure you recover the compensation you need and deserve. Following an accidental shooting, you will likely qualify to collect a wide range of economic and non-economic damages. Frequently in these types of cases, punitive damages also apply.

Submit Your Lawsuit Before the  Texas Filing Deadline

When attempting to recover damages after an accidental shooting, you must be mindful of the filing deadline. In Texas, the personal injury statute of limitations generally allows accident victims two years to file a lawsuit against the at-fault party. If you fail to act before this deadline, you may be out of options for recovering compensation.

However, it is critical that you speak to an experienced accidental shooting lawyer in Houston, even if you believe you have missed the filing deadline. Exceptions may apply to the case that allow you to take legal action after the typical deadline has passed.

Alternatively, you may find yourself in a position where you are further limited in the amount of time you have to submit your lawsuit. Securing the services of an experienced attorney who can tell you exactly how long you have to file as soon as possible after getting shot is the best way to protect your right to claim compensation when faced with an early filing deadline.

Who May Be Liable For An Accidental Shooting In Houston?

Potential liability following an accidental shooting in Houston can be very complicated and  depend on the specific facts and circumstances of the shooting. An experienced injury attorney in Houston can examine the nature of the accident and help you determine who may be liable for the shooting. Parties who could be potentially liable for the injuries and damages suffered by the shooting victim include:

Shooter

The shooter may be liable for any injuries or damages that are caused by his or her reckless or negligent behavior handling a firearm if they injure someone. If the shooter has homeowner’s insurance, the negligent handling of the firearm by the shooter may be covered under their homeowner’s insurance policy if they have any such coverage. However, in many cases, liability may not be that simple, especially if the shooter was a child or in cases involving a defective or malfunctioning firearm.

Property Owner

In most cases, a property owner may be considered responsible for the general safety of people on their property so long as the person is not trespassing or there without the property owner’s knowledge. This responsibility for visitors’ safety includes protecting them from any firearms that are stored or used on the property. For example, if a gun was improperly stored in an area that gets too hot= or if a gun falls on the ground causing it to go off, the property owner may be liable for any resulting injuries.

Firearm Owner

Some accidental shootings may occur because someone, often a child, was able to gain unauthorized access to the firearm. Whether the firearm was owned by the property owner or not, the firearm’s owner may be held liable for these shootings , if the firearm owner was negligent or reckless in failing to properly store or secure the firearm.

Gun Range or Club

If the accidental shooting takes place at a gun range or club, the range or club may be liable if there was any negligence on the part of the range that caused the shooting. For example, if the range provides firearm training and a trainer allowed the shooter to use a firearm without adequate training, both the trainer and the range or club employing the trainer could be held liable. The range could also be liable for negligent hiring if the trainer has a history of being involved in firearm accidents and was hired anyway.

Gun Manufacturer

In most cases, gun manufacturers cannot be held liable for the misuse of their products. Regardless of whether someone uses the gun to accidentally or even intentionally injure or kill someone else, the firearm’s manufacturer is protected from liability in most states across the country because the gun did what it was supposed to do when the person pulled the trigger. However, if the firearm misfired or exploded because of a manufacturing or design defect in the gun itself, your injury attorney may be able to hold the gun manufacturer liable.

Product Liability and Accidental Shooting Cases

The party that handled the firearm is not always to blame in accidental shooting cases. If a defect in the gun caused it to discharge unexpectedly, the manufacturer of the weapon may be responsible. There are three types of defective product cases:

Design Defects

If a firearm is built to specifications, properly maintained, and handled with care yet still accidentally discharged, the cause may be a design defect. A flaw in the design of the weapon may make it unnecessarily dangerous.

Manufacturing Defects

Manufacturing defects result from a product that is properly designed but improperly built. A manufacturing defect can result from a wide variety of problems, including malfunctioning manufacturing equipment, human error, and cutting corners at the expense of safety.

Warning Defects

While everyone knows that a gun can be dangerous, warnings about the various hazards of the weapon must be provided. Failure to properly warn the consumer can open the firearms manufacturer up to liability.

Speak With an Accidental Shooting Lawyer Serving Houston Today

After an injury caused by an accidental shooting, it is critical to secure the services of an experienced attorney. Pursuing compensation on your own is unlikely to yield favorable results. At Zinda Law Group, we have over 15 years of experience helping accident victims, just like you.

Reach out to us today through our website or by phone to schedule a free case evaluation with a member of our team.