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Halpern, Santos & Pinkert, P.A. Attorneys at Law Florida Personal Injury Attorney
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Lawsuit Filed After Gun Death Of Three-Year-Old


A woman and the company she operates are being sued after an unattended gun made it into the hands of a three-year-old boy who shot himself to death. According to the lawsuit, the defendant knew that there were loaded pistols in the area. The pistols were not in a gun safe as required by law. The parents of the three-year-old have filed a wrongful death lawsuit against the woman.

The case is actionable. Under the law, every gun owner has a duty of care to ensure that the weapon is safely stored and not accessible to children. In this case, the weapon was not safely stored and a child died as a result of that failure. Any gun owner who loses control of their weapon in this way can face such a lawsuit.

The plaintiffs contend that the defendant kept two guns in a soft case in her bedroom. The case was not secured by locks. Both guns would have had safeties that were likely not engaged at the time of the accident.

The defendant narrowly avoided criminal charges under the state’s rules. However, she could have faced criminal charges for reckless endangerment in other states or criminal charges related to the improper storage of a weapon. In this case, the state had no regulations requiring gun owners to store their weapons in a specific way.

The woman was dating the brother of the father who filed the lawsuit.

Gun safety and personal injury lawsuits 

Yes, gun manufacturers have immunity from personal injury lawsuits, but gun owners do not. If a weapon under your control discharges accidentally, then you can be held liable. In most cases, it will be the gun owner’s responsibility to ensure the weapon is safely stored where children cannot access it. In some cases, however, it could be the gun manufacturer’s fault.

While gun manufacturers cannot face lawsuits related to individuals who misuse their products, they can face lawsuits related to product defects. One such lawsuit filed against a prominent gun company alleges that the gun has a hair trigger and accidentally discharges at random. In one case, a police officer was injured by the weapon. The police officer has since filed a personal injury lawsuit against the manufacturer.

Individuals can be held liable for negligent storage, negligent usage, or intentional misconduct. While it’s rare to find personal injury lawsuits filed against individuals, it does happen if the individual has enough money to cover the expenses.

Product liability lawsuits against gun manufacturers remain rare. Defective guns, however, are the exception. A recent lawsuit has been filed against gun manufacturers for marketing their product toward at-risk youth who could misuse the weapons during mass shootings. Today, legislators are taking a closer look at how guns are marketed using social media.

Talk to a Florida Injury Attorney Today 

Halpern, Santos & Pinkert files personal injury lawsuits against individuals and companies that cause injury due to negligence. Call our Florida personal injury lawyers today to schedule a free consultation and learn more about how we can help.


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