Tennessee gun accidents are usually the result of either a gun defect or a user mistake, resulting in death or serious injury. While hunting is a popular pastime in Tennessee and usually a safe activity, accidental discharge of firearms and crossbows occur every year. In addition to gun accidents related to hunting, many gun accidents result from improper storage of a firearm. If you have been injured in a gun accident, you should consult an experienced personal injury attorney.
At Cummings Law, attorney Brian Cummings has years of experience bringing successful personal injury lawsuits. Contact our Nashville law firm today to discover how our skilled attorneys can help you and your family.
How Common are Gun Accidents?
In 2018, nearly 40,000 Americans died from gun accidents. Many Tennessee residents legally own firearms. While most Tennessee residents store and adequately maintain their guns, some do not. The unsafe storage of guns and lack of firearm training contribute to gun accidents, particularly among young people. Accidental or unintentional shootings account for 18 percent of all gun injuries and 1.3 percent of gun deaths in the United States. Most accidental shooting deaths involve individuals younger than 24. Most often, one person shoots someone else around the same age. Residing in a home with a gun increases the risk of death by an accidental gunshot injury.
According to the Centers for Disease Control, Tennessee ranked 9th in the United States for accidental shooting deaths in 2015. In that year, accidental discharge of a firearm was the “most distinctive cause of death in Tennessee.” Deaths from accidental discharge of a gun included many deaths of children who accessed a firearm in their home.
Gun Accidents While Hunting
Hunting has always been a popular sport among Tennessee residents. Hunting is usually safe. Nonetheless, every year, some Tennessee residents suffer injuries from gun accidents while hunting. In some instances, hunters do not remember to hold their guns safely, resulting in a gun accident. In other cases, hunters forget that they have already loaded their guns and unintentionally fire their weapons.
Hunters sometimes accidentally shoot other hunters while attempting to shoot a deer or other animal. Today, Tennessee law requires hunters to wear blaze orange clothing to make them easier to spot by other hunters. Nonetheless, these types of gun accidents still happen. Several factors can contribute to gun accidents while hunting, to include:
- Recklessly driving an ATV while carrying a loaded gun
- Alcohol or drug consumption
- Hunting on private property without permission
- Lack of training on how to handle firearms
- Failure to ensure that a gun is not loaded
If a hunter’s negligence caused the gun accident, he or she might be liable for any injuries resulting from the gun accident. In Tennessee, all hunters must complete a hunter education course before they may lawfully hunt in the state. Students learn about firearm safety in the class. Failure to take this class may indicate that the individual who caused the gun accident is liable for the resulting injuries.
Gun Accidents Caused by Negligence
Many accidental gun deaths involve a child or children accessing a gun at home. Sometimes parents leave a gun on a counter while cleaning a gun where a child can access the gun. When adults accidentally leave a round in the chamber, a child can quickly grab the gun and kill or injure himself, herself, or another person. Parents can prevent most accidental gun deaths by properly storing their guns in secure locations.
Parents who’ve lost a child due to a gun accident at another person’s home may have a right to bring a personal injury lawsuit against the gun owner. When gun owners fail to use reasonable care when storing their guns, they may be liable for injuries resulting from the gun accident. Similarly, when an individual fires bullets into the air in a negligent manner, innocent bystanders may have a right to compensation.
Product Defects and Gun Manufacturer Liability
Gun manufacturers have negligently manufactured guns in the past. When a gun unexplainably explodes or fires, the gun manufacturer may be at fault. Gun manufacturers are liable for their defective designs. When a gun has a defective design or fails to warn customers of dangers associated with that gun properly, the manufacturer may be liable.
The injured person or his or her surviving family members may be entitled to compensation under one of three different product liability theories. First, manufacturers that do not provide adequate warnings of all relevant and knowable information may be liable for injuries caused by the weapon. Second, manufacturers are liable for any injuries caused by a manufacturing defect in the gun. Finally, when a gun manufacturer could have made an alternative gun design that would have avoided the gun accident, the gun manufacturer may be liable for the resulting injuries.
Contact Our Nashville Gun Accident Attorney
Proving that another person acted negligently can be challenging. When an accidental gun discharge takes place, it is essential to determine whether a manufacturing defect took place or if the gun owner acted negligently. At Cummings Law, our legal team knows how to conduct a thorough investigation into the cause or causes of your gun accident injury.
We understand that a gun accident can be tragic, particularly because many gun accidents are highly preventable. If you or a loved one have suffered an injury from a gun accident in Tennessee, we can help. Many accidental shooting victims secure a sense of justice when they recover compensation for their injuries. At Cummings Law, we help hold negligent gun owners and gun users accountable for their actions. Contact our Nashville personal injury law firm today to discuss how our attorneys can help you and your family.
