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What to Do If Your Loved One Is Shot on Someone Else’s Property

A property owner may be legally liable for a gunshot injury that was enabled by negligent security

It is still hard to believe that it happened. Your loved one happened to be in the wrong place at the wrong time. He was in the line of fire when a shooter shot a gun and seriously injured or killed him, and you are left wondering why this happened and what you should do now to protect your family.

Identify Who Was at Fault for What Happened

More than one person may be legally responsible for your loved one’s injuries.

Obviously, the person who pulled the trigger is one person who is potentially responsible for what happened. However, that may not be the only person responsible for your loved one’s death.

The property owner may also bear some responsibility for the accident and the resulting injury if he failed to provide reasonable security on the property. If adequate security had been in place then the person with the gun may not have had the opportunity to commit the crime. He may not have been able to pull the trigger or to kill your loved one. Accordingly, the property owner may bear some responsibility for the attack and for your loved one’s death.

How to Pursue Justice

Your loved one—or his estate—can pursue justice against both the person who shot the gun and the person who failed to provide reasonable security on the property where your loved one was hurt.

In order to recover damages from the property owner, a civil lawsuit will need to be filed claiming that the property owner failed to provide the reasonable security that other similar property owners would provide and that the failure to provide reasonable security resulted in your loved one’s injuries.

If the lawsuit is successful, then your loved one or his estate may be able to recover for all damages resulting from the gunshot wound including, but not limited to past, current, and future:

  • Medical expenses.
  • Lost income.
  • Out-of-pocket costs, including funeral costs if applicable.
  • Pain and suffering.

For more information about how to protect your rights and what your loved one’s unique recovery may be, please read our FREE report Negligent Security: What You Need to Know About It and please start a live chat with us today.

Jason F. Abraham
Managing Partner, Hupy and Abraham