Personal injury lawsuits involving gunshot wounds can occur under a variety of circumstances and can be quite complex, involving multiple areas of law. Here are some of the typical scenarios where such lawsuits may occur:

  • Negligence: If a person is accidentally shot because someone else was careless with a firearm, the injured party may sue for negligence. For example, if a gun owner leaves a loaded weapon within reach of a child who then accidentally fires it and injures someone, the gun owner could be held liable for their negligence in securing the weapon.
  • Intentional Acts: If someone intentionally shoots another person, the shooter can be sued for battery, a form of intentional tort. Even if the shooter is also prosecuted criminally, a personal injury lawsuit can still proceed separately because the legal standards and objectives are different in civil and criminal cases.
  • Product Liability: If a person is injured due to a defective firearm or ammunition, a product liability lawsuit could be filed against the manufacturer or seller of the defective product. The plaintiff would need to prove that the product was defective and that the defect caused the injury.
  • Premises Liability: If a person is injured by a gunshot on another person’s property, such as in a shooting at a shopping mall, apartment complex, or a nightclub, the property owner may be liable if they failed to provide adequate security measures and this failure was a significant factor in the shooting occurring.
  • Wrongful Death: If a gunshot kills a person, their family may bring a wrongful death lawsuit against the responsible party. The claimants must demonstrate that the shooting was the result of negligence, recklessness, or deliberate behavior.

In any of these scenarios, the injured party or their family would typically seek compensation for medical expenses, loss of income, pain and suffering, and possibly punitive damages in cases of particularly reckless or malicious behavior.

Gunshot Wound Settlements & Verdicts

Below are summaries of verdicts and reported settlements from recent personal injury cases in which the plaintiff’s primary injury was a gunshot wound.

  • $50,000 Settlement (Texas 2022): The plaintiff, a minor, claimed to suffer a gunshot wound to the face while on a guided duck hunt accompanied by the defendant. The plaintiff contended that the defendant negligently discharged his gun in a reckless manner, failed to adhere to the instructions, warnings and mandates of the hunting guide, and failed to act as a reasonably prudent recreational hunter would act, resulting in the plaintiff’s damages.
  • $50,000 Settlement (Texas 2022): The plaintiff, a minor, claimed to suffer a gunshot wound to the face while on a guided duck hunt accompanied by the defendant. The plaintiff contended that the defendant negligently discharged his gun in a reckless manner, failed to adhere to the instructions, warnings and mandates of the hunting guide, and failed to act as a reasonably prudent recreational hunter would act, resulting in the plaintiff’s damages.
  • $4,091,894 Verdict (Texas 2022): The plaintiff suffered eight gunshot wounds, including to his left forearm, ankles, buttocks and neck, requiring multiple reconstruction surgeries, and post-traumatic stress disorder when former Airman Devin Kelly opened fire on the First Baptist Church in Sutherland Springs, Texas. The plaintiff brought claims under the Federal Tort Claims Act against the defendant United States of America alleging the Air Force knew Kelly was a risk of harm to others yet failed to provide his fingerprints and final disposition to the FBI for entry in the federal law enforcement database to block his purchase of firearms.
  • $6,000,000 Settlement (Washington 2022): The plaintiff, a 54-year-old mentally ill and physically disabled homeless man, was shot four times by a police officer. The lawsuit alleged that the shooting was without justification because the officer did not have reasonable grounds for stopping and detaining the plaintiff in the first place.
  • $50,414 Settlement (Florida 2022): The plaintiff was shot 5-times by his landlord after the landlord became intoxicated and got in an altercation with him. The defendant claimed that he shot the plaintiff in self-defense after the plaintiff attempted to assault him.
  • $459,000 Verdict (Georgia 2022): The plaintiff was driving his truck when he was hit in the foot by a stray bullet fired by a 17-year-old hunter with a rifle owned by his father who was named as the defendant. The lawsuit alleged that the father was negligent in allowing his son to shoot a rifle with such a long range and without a valid hunting permit. Hunting cases can be strong claims because they are usually covered – believe it or no – by homeowner’s insurance.
  • $525,000 Settlement (Illinois 2021): The plaintiff was shot several times by Chicago police officers and required several surgeries to treat his gunshot wounds. The lawsuit was brought against the police department claiming that it was an unlawful traffic stop in violation of his civil rights.
  • $6,000,000 Settlement (Florida 2021): A pair of fishermen were hanging out a dock after work when they were allegedly shot during an argument by 2 men who were not fishermen and trespassing at the dock. The lawsuit was brought against the dock owner alleging that it was negligent in failing to provide adequate security that could have prevented the fight.
  • $3,000,000 Verdict (Missouri 2020): An adult female, claimed she suffered gunshot wounds to her extremities and abdomen and was left with neuropathy in her arms, numbness in her left leg and scarring, as well as acute stress and post-traumatic stress disorders, when the defendant (her mother-in-law) shot her multiple times as she was getting into her car.
  • $3,362,000 Verdict (Kentucky 2019): 3 individuals who were patrons at the defendant’s night club suffered bystander gunshot wounds when another patron opened fired. The shooter had previously been asked to leave the club. The plaintiffs contended the defendant was negligent for failing to prevent the shooter’s presence on the premises and for failing to provide adequate security to prevent a foreseeable shooting.

Contact Us About a Gunshot Wound Lawsuit

If you have been the victim of a gunshot wound and you think you may have a personal injury lawsuit, contact our attorneys today for a free consultation at 800-553-8082.