Annually, more than 27,000 individuals in the country are admitted to the emergency rooms for unintentional firearm injuries. Louisiana gun owners must use and maintain their guns responsibly. They should store their guns safely and ensure that others, especially children, cannot access their firearms.

Of all the country’s Traumatic Brain Injuries (TBIs), 12% are attributed to firearms.

Penetrating spine injury (PSI), primarily due to gunshot wounds (GSWs) accounts for 13-17% of spinal injuries. This makes PSI the third most common cause of spinal injuries, only next to road traffic accidents and falls from height.

Louisiana has no law that requires unattended firearms to be stored safely. Louisiana also does not require a locking device to accompany the gun sale.

An unintentional firearm accident due to negligence occurs when the gun owner or shooter fails to exercise reasonable care and precaution when handling a gun, thereby endangering the safety of others.

The pain inflicted by an accidental shooting, both physical and emotional, can last a lifetime.

Common Causes Of Gun Accidents

Some major factors that contribute to firearm accidents in Louisiana are:

Negligent Entrustment

When gun owners allow incompetent, inexperienced, dangerous, or reckless individuals to access their guns or firearms, there is every chance of an injury occurring due to an accidental shooting.

Negligent Storage Of A Gun

Gunshot injuries can occur when guns are stored in a way that is likely to be accessed quickly and misused. Parents fail to keep guns away from the reach of children who can accidentally discharge these guns, causing injury to themselves or those around them.

Keeping firearms locked and in secure locations, out of the reach of kids, is a critical step that researchers agree could help stop young children from harming themselves or others. Simply hiding firearms, rather than locking them can be like hiding holiday gifts. Naturally curious kids end up finding them.

Improper Training

Proper training to handle guns and firearms ensures the safety of shooters and those around them. If a shooter never received any training or their training was inadequate, there are chances of injuries due to a firearm accident.

Improper Gun Range Management

A poorly managed and maintained shooting range is more likely to experience gun-related accidents. Gun ranges can be chaotic and crowded places where numerous people shoot simultaneously.

Reckless Handling Of A Gun

Posing with a gun, aiming at people or objects, and firing shots in the air can result in accidental injuries or even death.  

Use Of Alcohol And Drugs

The use of alcohol and drugs is one of the leading causes of accidental gunshot injuries. These substances can cause gun owners or shooters to act negligently.

Accidental Discharge

An accidental discharge can occur while cleaning, transporting, or even carrying a gun. If a firearm is defective, there is every chance of it being accidentally discharged.

Design Or Manufacturing Defects

Defective guns, gun accessories, and safety equipment are to blame for many gunshot accident injuries every year.

Types Of Firearm Accident Injuries

The most common accidental shooting injuries are:

· Hearing loss;

· Loss of vision;

· Facial damage;

· Spinal injuries/ paralysis;

· Scarring;

· Lacerations;

· Traumatic brain injuries (TBIs);

· Permanent disability;

· Disfigurement;

· Internal bleeding; and

· Wrongful death.

Liable Parties In An Unintentional Shooting Accident

Negligent firearm handling is covered under the shooter’s homeowner’s insurance if they have it. Property owners are responsible for the general safety of people on their premises, including the security of firearms stored or used on the premises. If the incident occurred at a gun range or club, negligence on the part of the range may also be a factor. For instance, if a trainer authorized the shooter to use a particular firearm despite not being adequately trained on that firearm, the trainer and their employer can be held liable.

Gun accident liability, meaning the legal responsibility to pay for the gunshot victim’s damages, may fall on one or more of the following:

· The gun owner;

· The owner of the property where the gunshot accident occurred;

· The person who fired;

· The gun seller; and

· Gun manufacturer, if the accident was caused by a manufacturing defect or a flaw in the design.

Gun manufacturers cannot be held liable for criminal misuse of a gun. However, If there is evidence that the gun was defective and the defect caused or contributed to the injury, a civil lawsuit can be filed against the manufacturers.

A gun can be defective in the following three ways:

· If the gun is manufactured with a flaw, it is said to have a manufacturing defect;

· If a gun is marketed with inadequate instructions or warnings about risks, it is said to be defective; and

· If a gun is designed to result in an injury, it is considered defective in design. The use of an alternative design could have reduced the risk of injury.

Bart Bernard Injury Lawyers – Our Firm Helps Victims Of Unintentional Shooting Find Hope Again

The devastation that accompanies firearm accidents is catastrophic, if not fatal. Gun-related accidents can cause debilitating, long-term injuries requiring intensive, life-saving surgeries, reconstructive surgeries, extended rehabilitation, and physical therapy. These injuries can result in permanent disfigurement and may require in-home care. 

Additionally, gun accidents involve unprecedented emotional suffering, resulting in a diminished quality of life. It is common for survivors of firearm-related accidents to suffer depression, anxiety, and even post-traumatic stress disorder. These mental injuries require ongoing treatment and care. 

When your injuries occur because of someone’s negligence, you are entitled to financial compensation to cover the expense of medical care and attention your injuries require and for the pain and suffering that accompany your injuries.

At Bart Bernard Injury Lawyers, we understand the true gravity of a catastrophic injury and the many ways it can affect your life. From missing time at work to an inability to participate in everyday activities you once enjoyed, firearm accident injury losses are about more than just medical expenses.

The experienced lawyers at our Louisiana personal injury law firm investigate all potential sources of recovery. 

We unearth facts, talk with witnesses, gather and compile key evidence, pursue new avenues of recovery, and form a strategic plan for your case. Often, defendants and insurance companies try to settle with our clients. We take the case to trial when they don’t offer what they should.

For Louisiana personal injury attorney Bart Bernard, litigation is not an end in itself but one tool to help solve problems. He takes great pride in his dedication to his clients and has a deep-rooted commitment to his community.

If you or your loved one has been harmed in an accidental shooting in Louisiana, you need a Louisiana firearm accident lawyer by your side who will stand up to insurance companies or gun manufacturers to help you obtain adequate compensation and also ensure that the defective gun models are remedied and that no further injuries will be sustained as a result of the manufacture of defective guns.

Call our firm’s experienced unintentional shooting accident lawyer for a free case evaluation immediately.