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Firearm Accidents

No matter how you put it, firearms can be dangerous if proper care is not exercised when storing and handling guns and/or ammunition. Even if you think you store your firearms and ammunition somewhere safe, or are in a house with a properly stored firearm or ammunition, accidents can happen. The truth is that many victims of accidental shootings are children, and the injuries can be severe, if not deadly. Accidentally discharging of guns can occur even when an individual owns it legally, and the owner could face a serious criminal charge if a firearm accident occurs. If you’ve suffered an injury or a loved one has been killed because of a gun accident, you should find a knowledgeable firearm accident attorneys who takes your case seriously.

At Live Oak Injury Law Group, we are dedicated to serving you to resolve your personal injury claim with a maximum recovery at a reasonable cost. If you would like to know more about our legal process, read below, and schedule a free consultation.

What Are Common Causes of Firearm Accidents?

The safest way to keep someone from suffering a firearm accident is to properly and safely store your firearms and ammunition. The safest storage option is to keep your guns locked, unloaded and stored at a private shooting range that you trust. However, the storage of a gun or ammunition is not the only contributor to firearm accidents. Mishandling, negligence of technique, and improper maintenance of guns or gun storage devices can also contribute to serious accidents. Because the injuries from a firearm accident can be so severe and life-threatening, it’s important to keep your eye out for anything that might seem out of the ordinary. Below, we’ve listed some of the most common causes of firearm accidents:
  • Failure to use a basic firearm safety rules
  • Improper storage that allows kids to handle firearms or ammunition
  • Leaving guns accessible to mentally ill persons
  • Failing to unload the firearm
  • Faulty design/manufacturing
  • Negligence in warning other people about the danger
  • Lack of education in safety and usage
  • Firearm use during a celebration
  • Failure to use a gun locking device
  • Misfires or jams
  • Shootings related to criminal activity or threatening circumstances

How Do I Prove My Firearm Accident Injury Claim?

The key to proving your firearm accident claim, like any other accident, is proving that the at fault party was negligent. The person who fired the gun or the gun owner may not be the only party at fault. As mentioned above, if there are manufacturing or design defects with the firearm, the manufacturer could be at fault. Generally, when proving that the at fault party acted with negligence, you must consider several important factors in order to win your personal injury claim:
  1. A person’s obligation to take care of another is called Duty of Care. This means that you must prove that the other involved party had a legal obligation to you to act in a way that would not cause you or your property harm.
  2. A breach of duty is the type of negligence that occurs when a person or entity fails to take reasonable measures to preserve a standard of care. This means that the other party had a Duty of Care, and they breached this duty by failing to act in a way that preserved your safety.
  3. Causation is critical to linking the breach of duty to your injury and the negligent conduct of the other party. Generally, in California, a plaintiff must show that the negligent party caused, or was a significant factor in causing, a foreseeable injury.
  4. Finally, the amount of damages for the medical expenses that can be claimed by an injured person depends on the nature of the accident and its effects on the victim. You must be able to prove that your damages were a direct result or consequence of the other party failing to act.

If You’ve Been Injured or a Loved One Has Passed in a Firearm Accident, Speak With an Attorney Today.

The consequences of a firearm accident can be heartbreaking and life changing. Firearms are deadly weapons that should be regularly looked after, cared for, and safely stored. At Live Oak Injury Law Group, we know how stressful and scary it can be to feel the pain and suffering of a personal injury. We are committed to getting you the maximum recovery you are entitled to under the law. If you have suffered an injury as the result of a firearm accident, don’t hesitate to reach out and schedule a consultation with a skilled personal injury attorney from Live Oak Injury Law Group.

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