We hear about a lot of stories in the news lately about incidents involving guns and, in so many of those cases, the issue is usually one of criminal activity. However, guns can also be involved in incidents that have nothing to do with criminal activity and are instead accidental in nature. An interesting story involving an accidental gun incident involved several customers in a Florida Cracker Barrel restaurant. In this unusual story, one customer was dining while a second customer walked by to pay his bill. He allegedly dropped his gun and the gun went off. As a result, the dining customer was shot in the leg. Fortunately, for both of these Cracker Barrel customers, the dining customer did not sustain life-threatening injuries and, at the time of the article, no charges were expected against the gun dropper. The situation had the potential to be far worse for both individuals and, quite thankfully, was not.
Gun Injuries Are Not Always A Result Of Criminal Acts
In this case, there may be no criminal case, but it could very well lead to a personal injury case. Personal injury is a legal concept that allows for legal remedies for losses stemming from accidents or incidents in which the carelessness or intentional conduct of one person causes another person to be injured. Remedies in these types of cases are damages, which are sums of money paid by the party causing the loss to the party who has suffered the loss.
It Was An Accident, But I Have Been Shot – What Am I Entitled To?
Damages in a typical personal injury case may include compensation for medical expenses, lost wages, and pain and suffering. Once damages have been determined, the next step the court must take is to decide what portion of the damages each party is responsible for. According to Florida Statute 768.81(3), in a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault. In a situation like the Cracker Barrel accidental shooting story, it is hard to imagine that the dining customer could possibly be assigned any percentage of fault and, accordingly, the gun dropping customer could likely be assessed with the entirety of fault. It would follow that the gun dropping customer could be liable for the full amount of any damages allowed in this case.
Take Action To Get On The Road To Recovery
If you have been injured as a result of someone else’s carelessness or intentional conduct and have suffered losses, you will want to learn about your rights. The law places limits on the time you have to file a claim and, if you let the time limit expire, you may lose the opportunity to recover any damages. A Personal Injury Attorney in Miami can help you to understand what you are entitled to, what you must do to start legal action, and when you need to take action. Contact an attorney today to find out what you need to do to start the road to recovery.