Of the almost 3,500 firearm injuries in Texas every year, approximately 22% are unintentional, according to the Texas Department of State Health Services. The majority of people killed in accidental shootings are under the age of 25, and most of these victims are shot by someone else, typically a friend or family member.
If you or a loved one has been the victim of an accidental shooting, you may be able to recover damages if the shooting occurred for one of these reasons:
Inadequate training -- if someone mishandles a firearm and has undergone training in firearm safety, the adequacy of that training may be in question and the trainer may be liable for providing inadequate training that led to an injury.
Parental supervision -- if a lack of supervision by a parent or caretaker results in an accidental shooting by a minor, the parent or caretaker may be held responsible. Under Texas law, any loaded firearm must be stored in a place that cannot be accessed by anyone under the age of 17 or secured with a trigger lock if there is reason to know that a child under the age of 17 may gain access to the firearm.
Recklessness -- If someone is reckless in handling a firearm and it discharges, injuring or killing another person, the person acting recklessly may be held liable. Accidental discharge -- this may occur during the process of cleaning a gun, dropping it or moving it with the safety disengaged. In these situations, the gun owner and the person who shot the individual may both be liable.
Gun defects -- if there are defects in the manufacture of a firearm that leads to an accidental shooting, the manufacturer may be found liable for damages. If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.