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Liability for Gun Injuries in Homes

An 11-year-old Florida boy died after being shot by a 4-year-old relative at a Lake City housing complex. The victim’s grandmother told news sources that the injury occurred while the 4-year-old and a 2-year-old were playing with a gun and the 11-year-old victim attempted to get the gun away from the smaller children.

How to keep children safe from guns

Obviously, the safest and most effective way to keep children safe from gun accidents is to not let your children play in homes or other locations where there are guns. However, this may not always be possible or practical. One example is if a friend’s parent is a law enforcement officer. If this is the case, parents should make every effort to ensure that the guns that are there are safely stored. Storage precautions include:

  • Ensuring that all guns are kept unloaded and in a secure location

  • Storing ammunition and guns separately

  • Making sure that the keys to the gun and ammunition cabinets are in a location that children are unlikely to find

Legal liability for failing to practice gun safety

In Florida, failing to keep guns in a safe location is a misdemeanor if a child uses or exhibits the gun in a public place or in a rude, angry or careless manner. Because failing to secure guns is illegal, if a child injures a third party with the gun, the gun owner who failed to take the proper precautions to keep the gun out of reach is presumed negligent. An injured party can claim damages based solely on the facts that the gun was improperly secured and that someone was hurt as a result.

If your child is injured by a firearm and you believe that the injury was because of the negligence or fault of a third party, you may be entitled to damages. An experienced personal injury attorney can provide the advice and advocacy you need to seek maximum compensation for the harm.

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