It’s no surprise that gunshot injuries can have life-altering consequences. However, most people hearing about gunshots, whether accidental or purposeful, focus on why it happened, who did it, and what criminal charges they face. What is less apparent is how injured Floridians deal with gunshot injuries after the fact, as not many people have gone through the experience.
While many people assume that legal action in a gunshot case is solely directed at the person who pulled the trigger, this is not always true. If you suffered an injury due to a gunshot or other serious event, contact Probinsky & Cole to learn more about your options for compensation.
When Personal Injury Laws Apply
Florida personal injury laws often come into play after a gunshot injury, as these laws cover cases where harm results from negligence or intentional actions.
Negligence: If a gun is accidentally discharged because the owner failed to handle it responsibly, injured parties in Florida might have the ability to file a personal injury claim based on negligence.
Intentional Acts: In cases of intentional shootings, the shooter can be held accountable in more than one legal arena; the criminal justice system seeks to punish the wrongdoer, while the civil claim system allows the victim to seek compensation for damages.
It’s worth noting that even if the shooter isn’t criminally charged or is acquitted, victims can still file a civil lawsuit, as civil courts do not have the same burden of proof as what you expect from criminal trials. You often see this in high-profile cases like O.J. Simpson’s allegations. Simpson was found not guilty in criminal court but found liable for the two deaths in civil court.
When Does Premises Liability Apply to Gunshots?
Shooters or gun owners have a responsibility if they injure someone, but Florida property owners also must maintain safe, secure conditions for visitors. This means that if someone is injured in a shooting on someone else’s property—whether at a private home, apartment complex, or parking lot—the property owner or manager could be held partially or fully liable. But when would a court decide that the premises were unsafe? Some examples include:
- Lack of security guards
- Poor lighting
- Broken locks
There are general rules for all property types, but certain property owners, like those operating bars, take extra steps to prevent violence. If they fail, you might have a case.
Keep in mind that not every case is the same, and not every gunshot injury requires the same legal response. In addition, there are some people that you cannot sue after a gunshot injury, such as the manufacturers of the firearm. Working with experienced personal injury and premises liability attorneys at Probinsky & Cole can give you a better idea of what options exist and what provides the clearest path toward compensation.
One last thing: injuries due to gunshots are extremely difficult for many Floridians to recover from. To start, the pain and injuries are often immense. But at a deeper level, suffering a gunshot injury often profoundly affects the injured party, making them more paranoid and fearful of their surroundings. Good personal injury attorneys take these factors into account and never settle for less than what your case is worth. You don’t pay attorneys at all unless you win your case or secure a settlement, and Probinsky & Cole is here to help. Contact our experienced attorneys today to learn how we can help after a gunshot injury in Florida.
