At Maison Law, we understand how difficult it can be to face the aftermath of an accident caused by gun violence. We know that this is even more devastating when an accident involves a child. If a gun accident happens involving a child due to a gun that was improperly stored, the owner of a gun could be held liable for resulting damages. We are here for you and your family during this stressful time. Please contact us today for a no-obligation case consultation.
Do I Need a Lawyer After a Gun Accident?
Though many personal injury claims involving minor harm can be handled without a lawyer, gun accidents are typically severe cases. Every day, approximately 210 people are seriously injured in shootings in the U.S. Unfortunately, handfuls of children are involved in these incidents each day. In these types of accidents, it may be necessary and beneficial to have an attorney on your side.
Essentially, you may need the help of a lawyer if the following aspects are true:
- The gun-related accident happened due to the negligence of another party.
- The injuries were serious enough to result in a hospital stay or follow-up care.
- The injuries caused by the accident impact the victim’s everyday life.
What Duties Do California Gun Owners Have to Safely Store Guns?
California Penal Code §25100 states that the owner of guns can be charged with criminal storage in California if certain elements exist. For instance, if a person who has control of the premises keeps loaded guns and knows that a child could access a gun without parental permission and it could cause injury or a death, they could be charged for the resulting damage. Owners are supposed to securely and safely store their funs if a child under the age of 18 has access to the home and could come into contact with the firearm.
A property owner could face first-degree criminal storage of firearms charges if a child gains access to a firearm and causes injury or death to another party or themselves. On top of criminal liability, the owner of the property and gun could face civil liability if an injured victim or their parent/guardian decides to file a civil lawsuit.
Can I File a Lawsuit if an Injury Resulted from a Gun Accident Caused by Improper Storage?
Yes, a victim of a gun accident caused by an improperly stored firearm can likely file a lawsuit against the owner of the weapon. Even if a defendant is found not guilty in a criminal case involving improperly stored firearms, you still have the right to file a claim for damages if you were injured due to a child obtaining access to a firearm. It is up to you as the victim to prove that the gun owner’s negligence led to your accident and injuries.
You will need to show the following elements in your claim:
- The gun owner had a duty to store the gun properly and away from children
- The owner breached this duty by improperly and negligently storing the weapon
- The breach in duty led to the accident
- The accident caused injuries in one or more victims
If a child obtained a firearm that was not properly stored and injured another party, the parent or guardian of that child could be held liable for any resulting damages.
What if Another Child Was Injured in the Accident?
In many cases where a child obtains a firearm and shoots another party by accident, the victim of the accident is also a teen or child. In these cases, you as the parent or guardian of the injured child may wonder if your child has the ability to receive damages in a personal injury lawsuit.
In California, children under 18 years of age are considered minors and are not capable of filing a personal injury lawsuit for damages on their own. A minor’s claim must be filed by the parent or guardian of the injured child. If successful, a claim could cover a wide array of damages for an injured child such as medical expenses they incur, loss of future earnings if they are unable to work in the future, pain and suffering, and more. Some of these damages can be used for damages that the child will incur in the near future and other damages may be allocated to the child when they are 18 years of age.
Contact a California Child Injury Lawyer Today
A gun should never be accessible to a child or teenager inside a home. However, this type of accident happens every year when a firearm is improperly stored due to an adult’s negligence.
When an owner fails to properly store a gun and an accident results, it can lead to serious injuries and even death in certain cases. Speaking with a California child injury lawyer at Maison Law can ensure that your rights are being protected after a life-altering accident. We believe that a responsible party should always be accountable for the actions that led to an accident. Please contact us today for a no-obligation case consultation so that we can help you get started on your claim.
