Accidental & Negligent Gun Accidents


Normally we associate gun shooting to criminal activity and criminal Law. While this is often times true, there is also civil liability for gun shootings in certain situations. Here are some of those situations where someone can be civilly liable for a gun shot accident. 

1. Lack of Parental Supervision

-Parents who fail to effectively secure firearms out of the reach of children are inherently negligent. The injured victim has a possible action against the parents of the child who discharged the gun. 

2. Alcohol or Drug Consumption

-Handling firearms after consuming alcohol or drugs is extremely dangerous and a leading cause of Gun deaths and injuries. Aside from being criminally liable, a person who handles firearms after consuming drugs or alcohol can be civilly liable as well after injuring another person. This will be considered negligent behavior. 

3. Accidental Discharge

-Failing to make sure the gun is not loaded while cleaning it, transporting a loaded gun in a vehicle, failing to engage the safety, dropping the firearm can all lead to gun injuries and death. Accidental Discharge can also make a person liable for negligence. 

4. Possible Gun Range Liability

-If a gun range does not actively pickup shells, or make sure floors are free from gun oil, the gun range can be civilly liable for a gun related accident. 

5. Gun Product Liability 

-When you purchase a gun the natural assumption is that all of its parts will function correctly. When a firearm unexpectedly discharges or does not discharge correctly and someone is injured as a result, the manufacturer of the part that did not function correctly is civilly liable. 


The most common gun accidents we encounter are children who get access to their parents guns that are not properly locked or secured. Please as parents do your best to make sure your children cannot access your firearms. If you or a loved one have been injured by a firearm due to someone's negligence call us and we will be more than happy to answers your questions. 

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