Kansas Personal Injury Accidents: Gun Injuries
Topeka Personal Injury Accident Attorney: Gun accidents
It is estimated that there are 270 million guns in the U.S.. Gun injuries result in 30,000 deaths annually and are the second leading cause of accidental injury death after auto accidents. There are over 78,000 non-fatal injuries from guns every year. On report indicated that unintentional firearm death disproportionately affects children, with 16% of the unintentional deaths occurring among youth under age 20.
For some of these injuries are intentional which can give rise to civil tort liability as well as criminal liability. Possible civil torts include assault and battery and wrongful death. Each of these cases include the possibility of punitive damages.
But many of these injuries are caused by negligence. Each of us have the obligation to treat her neighbor with ordinary reasonable care. That is a duty we all have which protects all of us. When the duty of care is violated by someone being careless or negligent in the use of a firearm this breach of duty can result in civil liability, a liability claim and a lawsuit. These cases can involve failure to properly supervise, failure to properly train, failure to follow the training one did receive, failure to properly secure a weapon, and failure to adequately supervise juveniles.
The standard can be higher than mere negligence. The Kansas courts have found that, for example, a .357 Magnum handgun is a dangerous instrumentality. The highest degree of care is required in safeguarding such a handgun. The degree of care has to be commensurate with the dangerous character of the instrumentality, and a duty to exercise the highest degree of care never ceases. The courts have held that a person owes the public a duty to store a handgun in a safe and prudent manner, taking into consideration the type of handgun, where the ammunition is located, and the circumstances of the gun’s use. A factual determination is required to decide whether the steps a person took to safeguard the handgun met the highest degree of care test.
These cases can become complicated because of the issue of insurance. Homeowners insurance will cover the acts of negligence of the homeowner, but not usually for intentional acts. There have been premises liability cases file against stores when they were aware of severe security problems without providing protection for their customers.
We are a law firm of personal injury lawyers who understand law and how to obtain the best compensation for your injuries. Our lawyers have over 30 years of experience helping innocent victims obtaining millions of dollars in compensation. We can help you.
We understand the process and can help you understand the process. We’re trained in the law and we also have the experience of knowing how to obtain compensation for injuries just like yours. We deal with insurance adjusters everyday. These adjusters are trying to make sure that your claim is settled in a way that would help insurance company and not you. You can expect us to be aggressive advocates on your behalf.
Our friendly trained team members will get you in touch with a knowledgeable personal injury lawyer who can help you. The lawyers in our firm have extensive personal injury litigation experience in helping individuals just like you. Give us a call for free case evaluation.