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Personal injury lawyer for wrongful death and dog bite in San Francisco |
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DEATH AND INJURY BY FIREARMS
In California in the year 2001, the last year for which complete
statistics are available, 3,273 people died from firearm related
injuries. That’s an average of nine per day. In that same year, 3,955
others were treated for non fatal gunshot injuries. This does not
include unreported injuries, of course. Nationally, in 1999, 3365
young people alone were killed by firearms, with approximately four
times that many wounded by guns.
Consider that 40% of U.S. homes contain firearms. It has been
estimated that 3.3 million children live in homes where a firearm is
at times left loaded and not secured under locks. This is a
significant part of the answer to the question: Where do young people
get the guns they use to either accidentally or intentionally kill and
wound others, or themselves?
If your life has been touched by gun violence, you should inform
yourself as to what remedies the law provides you. If the shooting was
accidental, the negligent people can be made to pay the damages they
caused. However, even where a morally and financially irresponsible
person intentionally causes injury or death, it does not mean that
others cannot be legally responsible.
In California, as in many other states, there are laws imposing strict
liability on gun owners who do not properly secure their firearms, if
those guns are then used by someone else to maim and kill.
California’s Civil Code Section 1714.3 automatically imposes liability
up to $30,000 for allowing a minor under the age of 18 to gain access
to an unsecured firearm that is then discharged and wounds or kills a
person. Of course, standard negligence laws also impose liability
without limit upon careless gun owners.
What is not so obvious is that standard home owners’ insurance
policies can cover a gun owner’s negligence in this respect, even
though he was not handling the firearm at the time, and even though
the person who did use the firearm shot someone on purpose.
In view of the prevalence of firearms in American homes, parents
should inquire of the parents of their children’s friends whether they
keep firearms, and if so where and how are they secured. Anyone who
acts offended at such a question is likely just the one who has not
secured the firearms, or else he or she would be proud to explain how
they have safe-guarded the guns.
If tragedy strikes, you should consult legal counsel quickly before
evidence is lost. Even in instances of gang violence, if the gang
member got his pistol from his parents’ home, it is possible to resort
to their homeowner’s insurance to pay medical bills, rehabilitation
costs, or in the case of fatality, money damages for the loss of the
society, comfort, companionship, and support of the loved one whose
life was taken.
Though money will not bring back a loved one, it should also be
considered that for every careless gun owner who enables a tragedy to
occur, when he is brought to court and made to pay, other gun owners
will learn the necessity of securing their firearms so that the lives
of other children and adults are not lost or ruined.
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This website contains law-related
information that it is hoped my be informative and educational. It
does not constitute legal advice, nor does it create an
attorney-client relationship. No claim or warranty is made that any of
this information applies to your situation. You should NOT take this
information and attempt to use it in the place of proper legal
representation. This site also
contains communications from a member of the State Bar of California
concerning availability for professional employment. |
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