How to Sue for a Shooting Injury in New York: Holding Gun Companies and Others Liable 

Your Rights as a Shooting Victim: Legal Advice and Support

Gun violence remains a pressing issue in New York, impacting countless victims and their families, who are left dealing with severe physical, emotional, and financial burdens. As a shooting victim, understanding your legal rights and the available avenues for seeking justice and compensation is essential. Whether you are dealing with the aftermath of a mass shooting, an accidental firearm discharge, or a criminal act involving a gun, holding the responsible parties accountable is key to your recovery. Our attorneys will help you through the legal landscape for pursuing a lawsuit after a shooting injury in New York, highlighting potential liable parties and outlining the necessary steps to build a compelling case.

Legal Grounds for Filing a Lawsuit After a Shooting

In shooting cases, multiple parties can be held liable depending on the circumstances of the incident. Identifying all responsible parties is essential to ensure that you receive the full compensation you deserve.

The Shooter

The shooter is the most direct party liable in a shooting incident. They can be sued for the injuries and damages caused by their intentional or negligent actions. However, suing the shooter alone may not always be sufficient, especially if they lack the financial resources to pay the damages awarded.

Property Owners and Managers

Property owners and managers can be held liable if the shooting occurred on their premises due to negligent security measures. Under premises liability laws, property owners have a duty of care to ensure the safety of their premises. This includes:

• Providing adequate lighting.
• Hiring trained security personnel.
• Installing and maintaining security systems.

Failure to meet these safety standards can make property owners liable for injuries resulting from criminal activities on their property.

Gun Manufacturers and Sellers

While gun manufacturers and sellers are generally protected under the federal Protection of Lawful Commerce in Arms Act (PLCAA), there are exceptions where they can be held liable. These exceptions include:

• Defective Products: If a gun malfunctions due to a manufacturing defect, resulting in injury, the manufacturer can be held liable.
• Illegal Sales: If a gun was sold illegally or without proper background checks, the seller could be held accountable.

Other Potentially Liable Parties

Other parties that might be held liable include:

• Employers: If the shooting occurred in the workplace, employers might be held responsible for failing to provide a safe working environment.
• Event Organizers: Organizers of public events can be held liable if they did not implement adequate security measures.

Understanding the various parties that can be held liable in a shooting case is crucial for pursuing a successful civil lawsuit. Consulting with an experienced personal injury attorney like Michael Haggard, Esq. can help you navigate the complexities of your case and ensure that all responsible parties are held accountable. This comprehensive approach increases the likelihood of securing the financial compensation you deserve for medical expenses, lost wages, and emotional distress.

Common Causes of Gun Accidents and Injuries

Shooting accidents can occur in various settings and due to multiple factors. Understanding these common causes is essential for recognizing potential negligence and pursuing legal action. The following sections explore frequent causes of shooting accidents, including hunting mishaps, improper firearm handling, and negligent security.

Hunting Accidents

Hunting accidents are a common cause of shooting injuries and fatalities. These incidents often occur due to:

• Mistaken Identity: Hunters sometimes mistake other hunters or non-target animals for game, leading to accidental shootings.
• Inadequate Safety Training: Lack of proper training and knowledge about firearm safety can result in dangerous situations.
• Failure to Follow Safety Protocols: Ignoring established hunting safety rules, such as wearing bright clothing and ensuring a clear line of sight before shooting, increases the risk of accidents.

The legal implications of hunting accidents can be significant. Victims may be able to file a lawsuit against the shooter for negligence if it can be proven that the shooter failed to adhere to standard safety practices. Additionally, hunting guides or organizers might be held liable if they did not ensure that all participants followed safety protocols.

Improper Firearm Handling

Improper firearm handling is a leading cause of accidental shootings. This can include:

• Careless Handling: Pointing a firearm at someone, handling it recklessly, or failing to engage the safety can all lead to accidental discharges.
• Lack of Training: Individuals who are not properly trained in firearm use are more likely to make mistakes that result in accidents.
• Inadequate Storage: Failing to store firearms securely can lead to accidental shootings, especially involving children.

Victims of accidents caused by improper firearm handling may file a personal injury lawsuit against the person who mishandled the gun. If the incident occurred in a setting where firearm safety should have been enforced, such as a gun range, the facility owners might also be held liable for not ensuring proper training and safety measures.

Negligent Security

Negligent security is another common cause of shooting incidents, particularly in public places or commercial properties. This involves:

• Lack of Trained Security Personnel: Inadequately trained security staff may fail to prevent or respond effectively to violent situations.
• Poor Lighting and Surveillance: Inadequate lighting and lack of surveillance cameras can create an environment where criminal activities are more likely to occur.
• Failure to Alert Authorities: Delays in notifying law enforcement during a security breach can result in preventable injuries or fatalities.

Property owners have a legal duty to maintain a safe environment for their tenants, customers, and visitors. When they fail to provide adequate security measures, they can be held liable for injuries resulting from shootings on their property. Victims can file premises liability claims to seek compensation for their injuries.

Understanding the common causes of shooting accidents and the associated legal responsibilities is crucial for victims seeking justice and compensation. Consulting with an experienced attorney like Michael Haggard, Esq. can help victims navigate the legal complexities and hold the responsible parties accountable.

Potential Compensation for Shooting Victims

Victims of shootings may be entitled to various types of compensation to help cover their losses and aid in their recovery. This compensation can address both tangible and intangible damages resulting from the incident. Below are the primary categories of compensation that shooting victims can seek.

Medical Expenses

Medical expenses are significant costs for shooting victims, including:

• Emergency Room Visits: Initial emergency care.
• Surgeries: Necessary surgical procedures.
• Hospital Stays: Extended recovery stays.
• Medications: Pain management and infection prevention.
• Rehabilitation: Physical therapy and other services.

Victims can recover these expenses through a personal injury lawsuit by proving negligence or intentional harm. An experienced attorney can help document and claim these costs.

Lost Wages

Lost wages compensation covers income lost due to the victim's inability to work, including:

• Immediate Loss of Income: Time missed during initial recovery.
• Long-Term Disability: Compensation for future earning capacity loss if permanently disabled.
• Reduced Work Capacity: Compensation for diminished work performance and potential future losses.

Proving lost wages requires documentation like pay stubs, employment records, and medical reports.

Pain and Suffering

Pain and suffering compensation addresses the physical and emotional distress from the shooting, including:

• Physical Pain: Ongoing discomfort from injuries.
• Emotional Distress: Anxiety, depression, trauma, and loss of enjoyment of life.
• Permanent Disfigurement: Emotional effects of living with permanent physical changes.

These damages are subjective and complex to calculate. An experienced attorney can help quantify them using testimonies from medical professionals, mental health experts, and the victims.

By seeking compensation for medical expenses, lost wages, and pain and suffering, shooting victims can obtain the financial support they need to recover and move forward. Consulting with an experienced attorney like Michael Haggard, Esq. ensures that all potential damages are thoroughly pursued, maximizing the victim's chances of receiving the full compensation they deserve.

Frequently Asked Questions About Suing for a Shooting

Can I sue the shooter if they are not convicted of a crime?

Yes, you can file a civil lawsuit against the shooter even if they are not convicted. Criminal and civil cases are separate; a civil case only requires proof by a preponderance of the evidence, allowing you to pursue compensation for your injuries.

What if the shooting happened on government property?

Suing for a shooting on government property is complex due to sovereign immunity, but exceptions exist, especially if negligence is involved. Consulting with an experienced attorney is crucial to navigating the stricter notice requirements and filing deadlines.

How long do I have to file a lawsuit after a shooting?

In New York, you generally have three years from the date of the incident to file a personal injury lawsuit and two years for a wrongful death claim. Act promptly and consult with an attorney to ensure timely legal action.

How an Experienced Attorney Can Help Injured Shooting Victims in New York

Understanding your legal rights and options after a shooting in New York is crucial for securing the compensation you deserve. Whether the shooting involves premises liability, negligent security, or other factors, identifying all responsible parties and pursuing a civil lawsuit can help you recover medical expenses, lost wages, and damages for pain and suffering.

If you or a loved one has been affected by a shooting, seek legal advice promptly. Contact Michael Haggard, Esq., for a free consultation to explore your options and begin your journey to recovery and justice. Taking timely legal action can make a significant difference in your ability to secure fair compensation and hold the responsible parties accountable.