When we think about gun accidents we usually envision them as something that occurs in a moment of violence or when someone is breaking the law, however, not all Pennsylvania gun accidents are the result of a violent incident. Gun accidents can be due to:
- Failure to engage the safety.
- Leaving a loaded weapon in an unsafe place.
- Moving in an abnormal way while carrying a loaded gun (climbing, hiking, running, etc.).
- Shooting a weapon without having adequate aim on the target.
- Shooting a weapon in a place where firearms are not legally allowed to be fired.
- Defective manufacturing issues.
Of course, a gun accident can happen because someone is using it to commit a crime or in a moment of violence as well. And if you, or a loved one is injured by any sort of gun accident, you should know that there are laws that can help you claim compensation for any and all damages.
A Variety of Laws
Pennsylvania gun accidents fall under federal and state laws, and yet those injured by such incidents all have the right to pursue compensation. However, the burden of proof for proving that someone else is to blame for the incident is on the shoulders of the plaintiff. That means that the person who has been injured (or their surviving dependents) must demonstrate to the courts that there is liability, and just why the defendant(s) should be held liable.
Now, that sounds simple, but it can be a very complicated matter. For example, someone may have been killed when a defective firearm went off accidentally. If they were alone during the incident, it is up to their surviving dependents to pursue any compensation for the death, and to do so they have to show that the gun accident was due to a manufacturing flaw.
That is just a single example, and if you consider how many ways Pennsylvania gun accidents might occur it becomes obvious that you will need to speak with a legal expert as soon as possible.
To prove this point, let’s consider a very common solution to a gun accident in Pennsylvania. The person responsible for the injury or death, along with the person injured, are not in their respective homes. Instead, they were on public lands when the gun accident occurred. Does this mean that the person who caused the incident is not going to be liable because they were not on their own property? Actually, in some cases the person to blame may have a homeowner insurance policy, and this applies to them regardless of their location when they caused the incident.
You can see that this might require a very complicated legal case to make the claim and get the compensation, but an experienced lawyer can actually help you make it a reality. They might be able to help you claim medical damages, pain and suffering, and even funeral expenses if needed.
That is just a single illustration of how a gun accident case can make its way into the courts, or even avoid heading into court at all and be settled through negotiation. However, you never want to attempt this route on your own. At all times you require an advocate who understands the laws and knows how much you should be seeking if you have been harmed by a gun accident.
At Heavens Law, you can consult for free with an attorney who knows all about Pennsylvania gun accidents and the laws around them. They can help you to determine how to proceed and which are your best options, and they will stand by you throughout the entire matter in order to be sure you enjoy the best possible outcome.
- FindLaw.com. Product Liability and guns. 2014. http://injury.findlaw.com/product-liability/product-liability-and-guns.html