A sudden, unintended gun discharge can turn an ordinary day into a medical and financial crisis. Every day in the United States, accidental shooting incidents kill at least one person, and almost 40 people a day are injured as a result of unintentional shootings.
These victims, many of whom are young, often face surgeries, months of therapy, and huge medical bills, all while wondering how to pay for their basic needs. If the shooting was accidental, Texas law may let you pursue compensation through homeowner’s or liability insurance.
At the Law Office of Shane R. Kadlec, we have represented injured Texans since 1996, and we offer a free consultation to explain your options.
Overview of Accidental Gunshot Injury Claims in Texas
Accidental shootings fall under the state’s negligence rules. To recover money, you must show that the gun discharged because someone failed to act with reasonable care, such as by leaving a loaded weapon accessible or mishandling it during cleaning.
Insurance policies that cover negligence, like homeowner’s or renter’s insurance, are the main source of compensation for our clients. When a person fires on purpose during a robbery or assault, that act is classified as intentional, and these policies will not apply, so we focus only on representing clients in accidental or unintentional incidents.
Accidental vs Intentional Gunshot Injuries
In Texas, it’s essential to distinguish between accidental and intentional gunshot injuries, as only accidental cases typically qualify for compensation through homeowner’s insurance or other liability policies.
Accidental shootings, where there was no intent to harm, can be covered if negligence can be established, such as improper storage or handling of a firearm.
In contrast, intentional shootings, involving deliberate harm, generally fall outside homeowner’s insurance coverage, though victims may still pursue civil claims directly against the perpetrator.
Understanding this distinction is critical in seeking proper compensation, and consulting with an experienced personal injury attorney can help clarify your options and maximize recovery.
How The Law Office of Shane R. Kadlec Supports Victims
We know every case has different facts, yet the building blocks of a strong claim are similar. Below is a look at how our team steps in.
Comprehensive Case Investigation
First, we gather police reports, medical records, and photos of the scene. We also interview witnesses and consult with firearm safety specialists to pinpoint why the gun went off.
Key tasks we handle include:
● Reviewing any available video footage or 911 recordings.
● Preserving the firearm for expert testing when a defect is suspected.
● Requesting insurance policy details from the gun owner and property owner.
Determining All Potential Liable Parties
A thorough investigation may reveal more than one person or company at fault. Possible defendants can include the gun owner, a landlord who ignored safety complaints, or a manufacturer that released a faulty trigger mechanism.
Aggressive Negotiation with Insurance Companies
Insurers often downplay the seriousness of gunshot wounds or argue comparative fault. We present clear medical evidence and cost projections to push for a settlement that covers long-term care, not just the emergency room bill.
Trial-Ready Representation
Most claims resolve through settlement, yet we prepare as if a trial is inevitable. This approach signals that low offers will not work and, when needed, positions us to present a compelling story to a Harris County jury.
Common Causes of Accidental Gunshot Injuries
While no two shootings are identical, many trace back to preventable errors.
Improper Gun Handling and Storage
Leaving a loaded firearm in a nightstand, failing to use a trigger lock, or storing ammunition in the same unlocked drawer can let children or guests access the weapon. The momentary lapse can end in tragedy.
Inadequate Training or Supervision
New owners sometimes skip formal instruction and rely on internet videos. At gun ranges, poorly supervised sessions can allow inexperienced shooters to wave firearms behind the firing line, placing everyone at risk.
Defective Firearms
A cracked firing pin, worn sear, or weak safety selector can cause an unintended discharge. These situations may lead to a product liability claim against the maker or seller.
Reckless Behavior
Posing for photos with a finger on the trigger or “celebratory” firing into the sky invites disaster. Even if the shooter never meant to hurt anyone, the law sees these acts as negligent, and victims can legally recover financial compensation for the harms and losses suffered.
Influence of Alcohol or Drugs
Substances slow reflexes and cloud judgment, making accidental discharge far more likely. Mixing firearms with drinking or drug use can be strong evidence of negligence.
Poor Gun Range Management
Gun ranges are noisy, crowded places where multiple people are shooting at once. A poorly managed range is more likely to see gun accidents. When injuries occur, the manager or owner of the gun range is typically targeted to be held liable, however, often waivers of liability are signed in advance by the victims, and these can be used be used to defend these cases, even if there is clear evidence of fault on the gun range owner.
No Parental Supervision
A parent is legally responsible for his or her child. In the event that a child accesses a gun and manages to discharge it, causing injury or death, the parent is potentially liable for the damages the child caused.
Damages Recoverable in an Accidental Gunshot Injury Case
Serious firearm wounds often require ongoing care and lead to lost income. We pursue full compensation, which may involve:
● Medical expenses, including surgeries, therapy, and future treatments.
● Lost wages and reduced earning ability if you cannot return to the same type of work.
● Pain, physical limitation, and the emotional toll of the event.
● Scarring, disfigurement, or permanent disability.
