purchase, george & murphey.

purchase, george & murphey.


Can A Negligent Gun Owner Be Held Liable For A Wrongful Death

October 9, 2015

Many Pennsylvania residents own guns. These guns may be used for protection or sport. Most gun owners understand the importance of gun safety and take the steps necessary to minimize the possibility of accidents. The very attributes that make guns useful and important can also make them potentially dangerous if in the wrong hands. A gunshot wound is often very serious or even fatal.

One of the worst things that could happen to a family is to lose a loved one due to the acts of a negligent gun owner. If such a tragic occurrence transpires, what legal steps can the family take in order to hold the responsible party or parties accountable?

Well, one thing that could be done is to file a wrongful death suit claiming negligence by those who are believed to bear responsibility. In order for such a suit to be successful, a plaintiff has to demonstrate that the injured party was owed a duty by the defendant. It must also be shown that there was a breach of that duty, which contributed to the injury.

For example, if the defendant were to have been intoxicated and handling the gun when the accident occurred, then it may be possible to show how the defendant’s impairment caused the accident. The line of reasoning used to prove such negligence is called causation.

However, courts will take many factors into account when determining if defendant’s action can be deemed negligent. So, if you are pursuing justice for a firearm fatality or injury, you may want to have a Pennsylvania personal injury attorney on the case. The loss of a loved one can bring many hardships to a family, and while financial compensation can never undo the suffering, it can provide aid for a funeral or other expenses.