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With all the recent attention to gun violence in our country, we thought it might be helpful to point out that many Homeowners’ Insurance Policies cover injuries caused by accidental shootings on your property. The shooting must be attributed to negligence of the home owner.
This negligence can take many forms, and really is only limited by the imagination of your attorney. Was the gun left loaded and where children could easily find it? Were there no trigger guards or were the guns not kept in a safe? Was a member of the family showing it to a friend when it discharged?
We prosecuted a case like that about 25 years ago, and the case went to trial. The defense wanted to hint to the jury that it was some kind of dope deal gone bad, resulting in the home owner’s son shooting my client. There was no evidence of drugs being present, and we were able to prove that it was just two teenagers playing with a loaded gun. The defendant home owner’s son was showing the gun to our client and didn’t know how to handle the gun and didn’t realize it was loaded until it went off. We were able to our client a very nice jury verdict based on that negligence.