The destructive impact of a bullet is undeniable, regardless of your stance on gun control. Firearms are powerful weapons. Gunshot injuries, accidental or deliberate, can cause serious harm and have devasting effects on victims.
Shooting victims can be left with serious debt from medical bills, and they may also be unable to resume work after treatment. A study that examined the costs of fatal and nonfatal firearm injuries in the United States (U.S.) estimated them at about $493.2 billion in 2020 alone.
While the criminal justice system can punish some people for misuse of firearms, it may not fully compensate for the true cost of the gunshot injuries.
According to a SteinLaw gunshot injury lawyer, to get compensation for gunshot wounds, a victim may need to turn to a civil lawsuit where the parties liable are held responsible for the injury.
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Who is liable when shooting victims seek compensation?
The person liable for a firearm injury depends on the shooting circumstances and the law in your area.
Generally, the main parties who could be held responsible for a gunshot injury include:
The shooter
The person who fired the gun is typically held responsible for the injuries they cause, whether intentional or unintentional.
You can sue unintentional shooters such as in the case of hunting accidents or firing into the air.
An unintentional shooter might also be drunk before handling the gun and, hence, can be sued for negligence that caused injuries. However, there may be situations where an intentional shooter is not liable, such as when acting in self-defense or defense of others. Nevertheless, the self-defense claim will be scrutinized using the state’s law or circumstances.
Gun owner
Sometimes, the shooter is not the owner of the gun used. Gun owners may be liable to pay damages for gun injuries or deaths.
For example, they might be liable if they fail to keep their guns safely locked or stored away from where children or others can access and misuse them.
A gun owner can also be liable in the case of an accidental discharge during improper cleaning or leaving the gun loaded unattended. This is because it is the responsibility of the gun owner to take reasonable precautions to prevent foreseeable harm.
Gun dealer or manufacturer
A gun dealer who provided the gun to a shooter can be liable if they did so negligently. The law only permits the sale or use of firearms by certain individuals. Children, convicted felons, and domestic violence offenders are legally prohibited from owning one.
Therefore, if a gun dealer knowingly sells or loans a firearm to any of these people and the person uses the gun to injure or kill someone, the original owner could be liable.
Many people believe gun manufacturers cannot be sued for shooting injuries. This is partly true. They are protected by the Protection of Lawful Commerce in Arms Act (PLCAA).
The PLCAA is a 2005 Act that prohibits civil liability actions against firearm manufacturers if their products are used in a crime. While this Act provides them immunity from many lawsuits, they can still be sued.
A gun manufacturer can be held liable if they sell a defective product, such as the reports of P320 handgun owners claiming it fired on them when they had not pulled the trigger.
Firearm makers can also be held liable if they market their products for criminal use, such as naming a gun “assassin weapon”.
Property owners
Property owners and managers can be liable for shooting injuries that occurred on their premises. Legally, they are required to provide adequate security measures to prevent injuries on their property.
When they fail to do this and their negligence or inadequacy significantly contributes to the shooting that occurs, they can be sued.
Meanwhile, a lawsuit against a property owner is more likely to be successful if the victim was lawfully on the property, such as a tenant, resort guest, or shopping mall customer.
Multiple parties may be liable for a gunshot injury. The exact amount you are entitled to as compensation is determined by the severity of the injuries and trauma.
Medical expenses, lost wages, and the nature of the evidence against the liable party are other factors that affect settlement.
While it is possible to pursue compensation yourself, your best bet to get a maximum settlement is by hiring an experienced and reputable gunshot injury lawyer to handle your case.
Most shooting injury cases settle before trial. This means the settlement is largely dependent on your lawyer’s negotiation skills. You can ask your lawyer for an estimate based on the circumstances of the injury. Although this may not be accurate, you will at least have a figure in mind to decide if the lawsuit is worth it or not.
