Accidental Shootings When Children Find Guns

accidental shootings

It seems like we hear of these tragedies every day; children who find guns in their parents’ houses, killing each other or themselves on accident in mere seconds. When these events happen, they go beyond disaster and into a tragedy of epic proportions, plaguing parents with “if I hadn’t done that, would my son still be here?”

They also go to the heart of a growing controversy in our country about gun violence and children, with too many shootings taking place when guns are found by kids in homes, cars, and stores. For example, there were close to 700 incidents in 2015 alone, where children under the age of 11 were injured or killed by gunfire. Just in the few weeks of the New Year, close to 20 of these shootings have taken place. This is in the wake of a New York Times review ,which found that accidental shootings like these occur twice as often as records indicate due to how they are classified by authorities.

Accidental Shootings And The Law

Many states have rules concerning the storage of guns (in addition to purchase and ownership) in order to prevent these tragedies; however, Louisiana is not one of them. In fact, under Louisiana law, a person who has lawfully acquired a firearm may possess the firearm in a locked, privately owned car in any parking lot or garage and no property owner, employer, or other agent can be held liable in a civil action for damages arising out of an occurrence that has been transported in such a way. However, an employer or business entity could pass a policy requiring that the firearm be hidden from plain view or within a locked case or container within the vehicle.

Does this mean that no one is held accountable when a child finds a loaded gun and injures or kills themselves or someone else? For example, what if a child finds a gun on someone else’s property and hurts themselves with it; is that the product of carelessness in the eyes of the law?

Yes, sometimes it is. Parents themselves have been charged with felony culpable negligence, child endangerment, and sometimes even murder, after leaving guns within the reach of toddlers, who then severely injured themselves or another child.

Contact Us Today for Help

Sometimes, when someone acts carelessly or negligently, there are lifelong, tragic repercussions. Taking a simple step such as locking up a gun so that children in a home or car cannot reach it could have—in many instances—prevented these accidental shootings.

If you or a loved one has been harmed by someone else’s negligence, the personal injury attorneys at Harrell & Nowak can help. We have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries and pain and suffering. Our accident lawyers will work to ensure that your rights are protected. Contact us today for a free consultation.