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. If the owner accidentally discharged the gun or the accident happened on commercial property, we could get you money to compensate for your medical bills and other damages.
Las Vegas and accidental shooting accidents
Las Vegas is more relaxed about gun safety than many other cities in the United States, partly because of state laws and the easy availability of guns, alcohol, and shooting ranges. Nevada is one of the 21 states where gun deaths exceed motor vehicle-related deaths.
Negligence and accidental shooting
Even though the accidental shooting is unintentional and not foreseeable, it is still negligence in the eyes of the law. The defendant can be a private individual, a company where armed guards are employed, or a gun retail store. 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. Under Nevada law, it makes the defendant liable for the accident.
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., apartment complex, hotel, retail store) that owns the property where the accidental shooting took place can also be held responsible for failing to keep the area safe.
Causes of accidental shooting accidents in Las Vegas
In some cases, unintentional shooting in Las Vegas and Nevada is drug-related or alcohol-related. In other cases, it happens because of:
• Poor storage of the firearm
• Using firearms in a public place
• Failing to warn others
• Using a hunting rifle or shotgun in the wrong place
• Faulty handling of a gun
• Failing to lock the trigger
• Mechanical failure
• Defective firearm design
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.
Accidental shooting liability claims
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, 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.
In most cases, the medical bills after the accidental shooting are very high. If you are a victim of the accidental shooting and planning to file a lawsuit, call us at 702-432-1000 to speak with our injury lawyer, who has experience handling accidental shooting lawsuits. We helped many clients get fair and full compensation for their injuries and pain and suffering.
What to do after the accident?
First, call 911 and get the injured person in a hospital right away.
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.
Accidental shooting when children involved
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 the accident happens, the parents 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 the children are injured.
Challenges to accidental shooting legal claims
• If the accidental shooting occurred at the Las Vegas commercial location, such as a gun store, apartment building, or a hotel, then the official "Preservation Letter" must be sent within a few hours to the property owner to make sure he or she didn't destroy the evidence. If the letter wasn't sent - the evidence may not be preserved, and without the evidence, you have a weak case.
• The maximum amount that insurance pays per accident is not high enough 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 accident or bring the loved one you lost in 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 on a contingency basis, 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, 2024.
