Articles Posted in Gun & Firearm Safety and Injuries

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By  David Wolf, Attorney

Published by Child Injury Lawyer Blog

First Aid KitFor years, children and adults alike have enjoyed the challenge and fun associated with BB gun use. Unfortunately for many children, a BB gun is the weapon – yes weapon – that causes significant injuries including but not limited to eye injuries.  It has been reported that the pumping of a BB gun can lead to the velocity of the BB pellet similar to a .22 gauge handgun.  As such, the velocity and force of a BB gun pellet shot can go through the eye and cause a serious eye injury in the form of a retinal detachment.  There is an old saying, “Be careful or you will lose an eye.”  There is even a famous movie that centers around a child’s wish just to have that special BB gun delivered.  A Christmas Story is a great comedy and sure enough the child suffers a minor injury from the BB gun.   However, when a child suffers a serious injury as a result of the use or misuse of a BB gun, this is no laughing matter.  For some of these children, vision is affected for life.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20with%20two%20bullets.jpgIn the aftermath of the Sandy Brook – Newton Connecticut shooting, there is a renewed debate and discussion about gun safety and gun control in Connecticut and the rest of the United States. It has been reported that one of the weapons used in the killing of 20 school children was a semi-automatic weapon. Initial reports indicate that the gun was properly owned and registered by the shooter’s mother who had an interest / hobby in target shooting and other activities. While it appears that it was legal and proper under the existing laws for the mother to own these guns including the semi-automatic weapon, investigators into the Sandy Brook – Newtown shooting plan on researching the guns at issue all the way back to the manufacturer then down to the wholesaler / distributor to the retailer to finally the consumer. The terrible tragedy in Newtown was neither expected and there is a debate as to whether it could have been avoided. Tragically, when an unstable person decides to wreak havoc and death upon the lives of innocent people including children – it is quite a challenge or burden to show what actions if any could have prevented the incident.

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By David Wolf, Attorney Published by Child Injury Lawyer Network

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In movies, television shows, comic books, and cartoons over the years, guns and gun fighting have played a prominent role. In many media forms, gun play or gun power is glorified. The good guy saves the day by killing the bad guy. Guns are are powerful way of showing power, authority, and, to some extent, heroism in movies, television shows, and other media. It is no wonder that many children find it absolutely fascinating to handle, play with, marvel at, and, yes, fire a gun. Unfortunately, the same guns in appearance that are displayed on television, movies, comic books, and other media are the ones that cause tragic and preventable deaths of children at homes and other areas. Gun ownership is a right that we have here in United States. It is a right that U.S. citizens will fight for to all ends and it certainly is an important right; however, for the sake and safety of children and others, guns should be safeguarded and kept out of the reach and use of children who are at risk and temptation for playing around with guns without proper adult supervision. Guns should be safely secured and locked away from children in homes. This simple but important act can help prevent the untimely and tragic deaths of children.

If a child is injured or tragically dies as a result of a shooting, there may be a case or claim to pursue against the gun owner, a liability insurance policy, a homeowner’s policy, a business, a school, a day care center, and / or others depending on the facts and circumstances of the case. Shooting cases involving the personal injury or death of a child can be very complicated. Because of this, it is important for a parent to consult with a Child Injury Lawyer as to the rights of the injured child and the rights of the parents under the applicable State law. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Homeowner’s Insurance, School Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20with%20two%20bullets.jpgIn Pennsylvania and other States, children are the unfortunate victims of accidental shootings and gunshot type of injuries. There are constitutional rights and protections for gun owners. However, with any right and ownership, there is also a degree of responsibility that goes along with it. Whether it is a vehicle, guns, other other object, a parent owning and / or using such items should do so responsibly and with due care. This is especially true when there are children in the area. Like other types of cases involving injury or death, there are typically four legal elements to the case:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20with%20two%20bullets.jpgIn Mississippi and other States, accidental shootings cause personal injuries to children. Some shootings are absolutely preventable while other incidents / events may be less foreseeable and preventable. Gun ownership is protected by State law and Federal law; however, it should be noted that with gun ownership comes responsibility. This is especially true when children are in the area where the guns are stored or kept. Whether the guns are stored at a home, business, or other location, gun owners should exercise due diligence in safekeeping the gun / firearm away from the curious eyes and hands of children.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20Georgia.jpggun%20handgun%20with%20two%20bullets.jpgIn Indiana and other States, children are the unfortunate victims of accidental or random shootings. When there is a shooting of this nature that results in personal injuries, a parent often times has many questions about the righfs of the injured child. Certainly, the shooter, if he or she can be identified, should face some kind of criminal charges depending on the facts and circumstances of the shooting. The decision as to the type of prosecution is left to the local police department and the office of the prosecutor / State Attorney. The family of the injured child may also be able to pursue an injury case for compensation against the shooter, gun owner, property owner, and possibly others. In a civil case, the family of the child will have the burden of proving that there was negligence or fault of one or more of the Defendants that caused or led to the shooting incident. One practical problem with many shooting cases is the lack of liability insurance. Typically, intentional acts are not covered by insurance. Some insurance policies may also exclude firearm or gun incidents from the insurance policies. Because of the complexity of these cases, it is often helpful to have the services of a Child Injury Lawyer for advice, consultation, and legal representation.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

hand%20gun%20with%20bullets.jpgAccidental shootings unfortunately and tragically take the lives of children in the United States. Our country has a proud history of the right to bear arms. It is a constitutional guarantee. Many gun proponents argue that no laws should impinge on the constitutional right to bear arms. Others, however, argue that some restrictions and safeguards should be put in place for the protection of children and others. Any gun laws can bring out a heated debate. Frederick Rivara is a Professor of Pediatrics at the University of Wahington. Dr. Rivara wrote an article for the Seatte Times that advocated for the implementation of CAP (Child Access Protection) laws in the State of Washington as well as other States. An important issue is how to protect children from access to guns kept in the home and other locations. Dr. Rivara points out that gun, cable, or trigger locks effectively decrease the incidents of deaths from guns in the home. Child safety should be a universal goal and mission for all parents, schools, day care centers, and the community. Unfortunately, whether it is a gun that is not properly stored or other dangerous item or condition, children are injured every day due to a lack of safety precautions. Yes, some children are injured due to an unforeseeable accident or incident; however, it should be pointed out that many child injuries are preventable with due care and common sense. See Gun Safety – Doctor Advocates fro CAP (Child Access Protection Laws).

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

gun%20handgun%20firearm%20double%20barrel%20silver.jpgIn the State of Washington, children should be provided a safe educational environment. Unfortuantely, children are injured at schools, day care centers, and playgrounds. Some injuries and incidents are preventable with more timely care and supervision. Other incidents are tragic and there is no blame to lay on the person, school, or day care center. A recent shooting was reported at Armin Jahr Elementary School in Bremerton Washington. It was reported that a third grader was accidentally shot by another student at the school. It is believed that another third grader had brought the gun to the school. In cases of this nature, there are several issues that will be part of the investigation including but not limited to the following:

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By Mark Freedman, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

guns%20firearms%20toy%20guns%20with%20caps%20loaded.jpgIn Michigan and other States, school officials have a duty to keep schools safe for the children. Most schools act very swiftly and quickly when guns, knives, and / or other weapons are discovered in a school. Even a “toy” gun or “pellet” gun can cause serious injuries to a child in a school or day care center setting. Furthermore, a toy gun can often be mistaken by a teacher, student, or police officer as a “real” gun which can then set forth a series of events that can lead to serious personal injuries and, in some instances, death.

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Ohio.jpgIn Ohio and other States, children are the unfortunate victims of accidental shootings. It was reported in Fredericksburg Ohio that a 15 year old Amish girl – Rachel Yoder – was hit by a stray bullet. At the time of the tragic Ohio shooting, the girl was driving a horse drawn buggy. She was shot in the head. The work of police investigators determined the probable cause of the shooting death of this girl. Apparently, a man shot a rifle into the air approximately 1.5 miles away from where the bullet hit Rachel Yoder. A full investigation will be conducted to determine if the ballistics from the gun match the bullet that ended the life of the Amish teen. See Accidental Shooting of Amish Teen Reported in Ohio.