Who Is Liable When A Child Accidentally Shoots You?
It seems every day there is a news report of a child accidentally shooting someone. Here are some of the people who may be liable for such injuries.
The Child
Although children are held to lower liability standards than adults, this doesn't mean that they are absolutely blameless when they cause an accident. The age of a child and the nature of the accident determine whether they can be held liable for an accident, and to which extent. For example, a teenager is more likely to be held liable for a shooting accident than a toddler.
The Child's Parent
In many cases, the parents of the child may also be held liable for the shooting accident. There are two main legal bases for holding parents liable for shooting accidents their children may cause:
Negligence
Negligence mostly applies if the parent is the owner of the gun involved in the accident. An example is when a parent "forgets" to lock their gun safe, and a child gets hold of the gun and uses it to shoot someone.
Parental Liability
Parental liability is a legal principle that holds parents liable for the negligent actions of their children. The younger the child is, the higher the possibility that their parent will shoulder most of the blame when the child makes a mistake. The rationale is that parents should monitor their young ones and prevent them from harming other people.
The Gun Owner
If the parent is not the owner of the gun, then the gun owner may also be held liable for the damages arising out of the shooting. Take an example where a gun owner takes their gun in a restaurant, and a child picks it up and shoots someone. In this case, the gun owner will be liable for the accident because they were careless with their handling of the gun.
The Gun Store
Gun stores are generally immune from claims arising out of shooting accidents that their guns may cause. The rationale here is that the gun store cannot control what their clients may do with the guns they purchase after leaving the store. However, there are exceptions to this rule, and gun vendors may be liable for shooting accidents if:
- They sold the gun to a minor
- They knowingly sold a defective gun
- They sold the gun to an intoxicated person
The Manufacturer of the Gun
Lastly, the manufacturer of the gun may also be held liable for the shooting accident if it is caused by a defective gun. In this case, the claim or lawsuit may be held treated just like any other product liability case.
For more information, contact your local personal injury lawyer.