Take No Chances With Your Firearms
Michael Babboni
Premises Liability
The Constitution protects the right of every American to own and use a firearm for protection, defense, and even for hunting, either for sport or survival. It’s a right that many Americans treasure and exercise, and any professional lawyer would be proud to protect an American asserting these rights.However, the right to bear and use firearms also means that there’s an enormous legal responsibility that firearm owners have. And while the law will do everything in its power to protect an American’s right to use a firearm, it will also come down heavily on that same American if they do not take their responsibility seriously, and allow negligence with their firearms to result in an injury to an innocent person.
Accidents Do Happen
Although most people wouldn’t think that it’s the case, statistically, a huge number of accidents occur in the home. Even something as innocuous and fun as a backyard swimming pool has resulted in the injury—and even death—of children, simply because parents and homeowners weren’t paying attention. And when that same amount of carelessness is applied to something designed to be as lethal as a firearm, then any accidents relating to that product are often tragic.
Many people that purchase a firearm will do so for the purposes of home defense. This often means that they, understandably, want to access the firearm and use it as quickly as possible if they suspect there is an intruder in the home.
Unfortunately, many homeowners take this to mean the best way to store a firearm for just such a situation is to leave it loaded and easily accessible in the drawer of a nightstand. Many firearm related injuries inflicted on children have, tragically, resulted from just such an arrangement, as the children also benefit from the easy access to the firearm, and play with either themselves or with others, with a loaded firearm. This has resulted in some horrific injuries, and, in some cases, has even led to the death of a child.
Legal Ramifications
While everyone wants to defend their home, it should not come at the cost of a child’s health or even life. And while the court recognizes a home owner’s right to defend themselves, they do not recognize that as justification for children shooting each other because a homeowner wanted to make sure a gun could easily be picked up and used.
In such cases, even if you meant well, and wanted to look out for the safety of your family, anyone who’s child was injured as the direct result of such careless firearm storage has the option of going to court and suing that homeowner for negligence under what is called premises liability. Premises liability means that a homeowner has a certain amount of responsibility for ensuring the safety of visitors to the home. Children having easy access to firearms is a very clear violation of that legal responsibility.
If someone close to you has been injured as a direct result of improper weapon storage in someone else’s home, you can do something about it. An experienced personal injury lawyer can give you all the guidance you need to get the resolution in court that is deserved for such senseless mishaps.