Who is Liable For a Gun Accident?

From the recent mass shooting at a government office in Virginia to the shooting of former Red Sox star David “Big Papi” Ortiz, gun violence has been all over the news in recent weeks. However, while violent attacks draw most of our attention, many gun-related injuries and deaths are the result of unintentional accidents.

Causes of Gun Accidents

Some common causes of gun accidents include:

  • Improper gun maintenance
  • Unsafe gun storage
  • Intoxication or drug use while handling a firearm
  • Lack of supervision
  • Improper gun safety training
  • Product defects
  • Reckless behavior

From example, if someone is drunk, they might think it’s funny to point a gun at a friend. In doing so, they could accidentally pull the trigger. Or if a parent does not keep their gun in a locked location, a child could find it and shoot themselves or someone else.

Unintentional gun accidents are more common than you might think. Between 2006 and 2016, 6,855 Americans died as the result of gun accidents, according to the Giffords Law Center. Many of these victims were under the age of 25. Additionally, in 8% of all incidents, the gun was fired by a child under the age of 8.

Gun Accident Liability

When someone is injured or killed, it can be devastating for everyone involved, especially when the accident happens at home. After a gun accident, families can be left with many questions, including some about who is liable for the accident.

Since many factors often play a role in gun accidents, liability can be complicated. For instance, if two children are playing with a gun and one accidentally shoots and kills the other, the blame could fall on the gun owner if they failed to keep their gun in a safe location. Other times, the gun manufacturer might be to blame, like if a flaw with the gun causes it to discharge when not in use.

After a gun accident, it is important to consult with an experience gun accident attorney. Since evidence like witnesses statements and security footage often play an important role in gun accidents, an experienced attorney can help gather the appropriate evidence to make a compelling case. Additionally, they will understand the nuances of Florida and United States gun laws, and can walk you through every step of the way.


The attorneys at Perenich, Caulfield, Avril & Noyes represent those involved in car accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and other types of personal injury matters. Our firm is one of the oldest personal injury law firms in Tampa Bay. There are no attorneys’ fees or costs unless we prevail for you. Call our office 24 hours a day at 727-796-8282 or simply click here to schedule a free case consultation.

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