Kansas and Missouri Personal Injury Accidents: Gun Injuries
with offices in
Topeka and Lenexa
If you have had a gun injury you should know your rights. 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 or death, after auto accidents. There are over 78,000 non-fatal injuries from guns every year. One report indicated that unintentional firearm death disproportionately affects children, with 16% of the unintentional deaths occurring among youth under age 20.
For some, 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 our neighbors with ordinary reasonable care. 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 received, failure to properly secure a weapon, and failure to adequately supervise juveniles.
What is the legal standard?
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.
Are these cases complicated?
These cases can become complicated because of the issue of insurance. Homeowner’s insurance will cover the acts of negligence of the homeowner, but not usually for intentional acts. There have been premises liability cases filed against stores when they were aware of severe security problems without providing protection for their customers.
How can a lawyer help?
We understand the process and can help you understand the process. We 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 the 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. Call (785) 370-0001 or in the Kansas City area (913) 228-1440.