Accidental Shooting and Liability Claims
Las Vegas, Nevada
Accidental shooting lawsuits
If you got injured in a shooting accident, call us at 702-432-1000 to discuss your case. We can help you seek compensation for your medical expenses and other damages.
What is accidental shooting?
An accidental shooting refers to an unintentional discharge of a firearm that results in injury, death, or property damage. These incidents typically occur due to mishandling of the gun, lack of proper training, equipment malfunctions, or failure to follow basic safety protocols, such as keeping the weapon unloaded or the safety on when not in use.
Gun-related death statistics
According to USAfacts.org, in 2023, in Nevada, an estimated 616 people died from gun-related injuries, which is a rate of 18.5 out of every 100,000 people. It is 34% higher than the overall rate of gun-related deaths in the US.
In Nevada, gun deaths exceed motor vehicle-related deaths.
Negligence and duty of care in accidental shooting cases
When guns are involved, there is an expectation of duty of care, which is, in this case, to keep the area safe. Although the defendant did not intend to hurt the victim, they breached the duty of care (e.g., low safety standards, poor firearm handling, etc.), and someone got hurt.
Even though the accidental shooting is unintentional and not foreseeable, it is still negligence in the eyes of the law.
Who is liable?
The gun owner. The firearm owner has a legal responsibility to keep the gun safe from someone who may use the weapon and accidentally hurt someone.
The property owner. The person or the corporation (e.g., hotel, nightclub, retail store, or apartment complex) that owns the property where the accidental shooting took place can also be held responsible for failing to keep the area safe.
Common causes of accidental shooting accidents in Las Vegas
Accidental shootings in Las Vegas and Nevada can sometimes be linked to drug or alcohol use. At the same time, in other cases, they result from poor firearm storage, using firearms in public places, failing to warn others, using hunting rifles or shotguns in inappropriate locations, mishandling guns, neglecting to lock triggers, mechanical failures, or defective firearm designs.
Accidental shooting at the shooting range. Can you sue?
Yes. The shooting range is required to have procedures that prevent accidental shooting. If the accident was foreseeable and preventable, you could sue the shooting range for negligence.
Seeking compensation for injuries after the accident
An accidental shooting that injured or caused an innocent person's death is a devastating experience for all parties involved. Accidental shooting can result in a head, neck, or back injury and often permanent damage. Typically, in random shooting accidents, trauma and emergency doctors are required; the victim needs high doses of medication and blood transfusion. Furthermore, plastic surgery is often necessary after a shooting accident.
Medical expenses resulting from accidental shootings can be overwhelmingly high. If you've been a victim of an accidental shooting and are considering filing a lawsuit, call us at 702-432-1000 to speak with our experienced injury lawyer. We have successfully helped many clients secure fair and full compensation for their injuries, pain, and suffering.
What to do after the accident?
First, call 911 and immediately get the injured person to a hospital.
Once the emergency is over, document how the accident happened. Think, "How could I recreate what happened three or four years from now?"
You would want to know the following:
• When the accident happened
• Where were you
• What you were doing right before the shooting
• What did you see and hear right before and right after the shooting
• Did anyone else see or hear what happened
Next, document any business names, addresses, witness contact information, and the shooter's information (if available). If you recorded enough information to recreate the events years after they happened - you have come a long way.
Finally, contact a personal injury lawyer who has experience handling accidental shooting cases.
When children are involved in an accidental shooting
It is unfortunate that sometimes, victims of unintentional gun accidents are children or teenagers. Often, it happens because the adults didn't store the firearms properly, and children mistakenly thought that the gun was a toy.
Parents who own a gun have a duty of care to supervise their children and their visiting friends, but unfortunately, it is not always the case. When parents breach their duty of care and an accident happens, they are liable.
Accidental shooting cases involving children are very complex, and often, only the jury can decide whose fault it is and the percentage of that fault. Read our article "Injuries to Children - Laws and Liability Claims," where a personal injury lawyer explains legal cases when children are injured.
Challenges to accidental shooting legal claims
• If an accidental shooting occurs at a commercial location in Las Vegas, such as a gun store, hotel, nightclub, or apartment building, it's essential for an attorney to promptly send an official "Preservation Letter" to the property owner - ideally within a few hours. This letter ensures that evidence is preserved. Without it, critical information could be lost, significantly weakening your case.
• The maximum amount that insurance pays per accident is insufficient to cover all medical bills.
• Surveillance/camera footage is not available or destroyed.
We can help
If you are a victim of an accidental shooting, you need to hire a knowledgeable and resourceful personal injury lawyer to get you fair compensation for everything you went through. While the legal system cannot undo the harm caused by the accident or bring the loved one you lost in the accidental shooting back, a good personal injury lawyer can get you a fair settlement that will compensate for your medical bills and pain and suffering. Call us at 702-432-1000 for a free consultation and to discuss your case.
The time limit in accidental shooting cases is critical because, once the time limit has run, there is no longer a case against the shooter. The statute of limitations for all personal injury claims in Las Vegas and Nevada is two (2) years.
Our fee is contingent, and we do not require payment until you receive compensation. You will not incur any legal charges or costs for our time and assistance unless we do our job and earn you a trial verdict or settlement. This way, we have every incentive to maximize your recovery.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson, and the rest of Nevada.
Last updated on January 4, 2025.
