An estimated 30% of Americans say they own a firearm. Of that 30%, the majority are responsible gun owners. Unfortunately, illegal gun possession and negligent ownership are still major problems. If you or someone you love has been a victim of gun violence, you need to know your rights. A gun violence attorney can help you fight for justice in criminal or civil court.
At KFB Law, we understand that no amount of financial compensation can replace a human life or undo the emotional damage that’s been done. However, we can help make the healing process easier by helping you obtain the financial compensation you are entitled to. And by bringing your case to court, we can help to ensure that policies are put in place to prevent what happened to you or your loved one from happening again to someone else. Your voice and your story matter more than you may know.
In addition to cases involving illegal gun possession and negligence, we can also assist you in filing a mass shooting lawsuit.
Florida Gun Violence Statistics
In 2017, the CDC reported 2,724 firearm deaths in the state of Florida. While guns are far from the leading cause of death in the state, they’re one of the easiest to prevent. But according to a survey of over 1,400 US gun owners in 2016, more than half did not store their guns safely, leaving them unlocked, loaded, or both.
It doesn’t matter what side of the current gun policy debate you are on – we can all agree that firearms should be owned legally, safely, and responsibly. So when someone is injured or killed by a firearm that was obtained illegally, or when a minor obtains a firearm because safe storage laws were violated, there should be legal consequences.
Illegal Gun Possession
When the laws to prevent the buying and selling of illegal firearms aren’t strong enough, those dangerous weapons can end up in criminal hands. The gun violence attorneys at KFB Law work to hold both buyers and sellers of illegal firearms accountable.
If you or someone you love is injured or killed by someone using an illegally obtained firearm, illegal ammunition, or an illegally modified firearm, the person responsible will face serious charges. In Florida, many of these charges are felonies, meaning the person will face hefty fines and/or jail time.
Gun Negligence
Under the Second Amendment, gun ownership is a right, but it’s a right that comes with great responsibility. Unfortunately, not everyone takes that responsibility seriously, resulting in thousands of accidental shootings each year.
Criminal negligence that causes bodily harm or death is a serious crime. An experienced gun violence attorney can help you get the justice and closure you deserve. At KFB Law in Tampa, we hold gun owners accountable for injuries and other damages that could have been prevented.
Negligent Firearm Discharge
Under Florida law, the accidental discharge of a firearm is not a crime. In a horrific 2015 incident, a Florida man was carelessly twirling his handgun on his finger when he fatally shot a pregnant woman. Even though his gross negligence resulted in the wrongful death of a woman and her unborn child, the man was not criminally charged because his actions were not considered “culpably negligent”.
However, you can hold a person civilly liable for any damage to you or your property if they fail to follow reasonable gun safety precautions. Some of the most common causes of negligent firearm discharge include:
- Handling a firearm unnecessarily (ex. adjusting the firearm in its holster)
- Getting something caught in the trigger guard
- Not knowing how to operate a specific firearm
Again, while these kinds of accidents cannot typically be prosecuted criminally, victims and their families can still seek compensation in civil court. Call KFB Law now to learn how.
Manufacturer Negligence
Even when firearms are handled responsibly, accidental shootings can still occur if the firearm is defective. When this happens, the gun manufacturer can be held accountable for negligent design. The personal injury attorneys at KFB Law have the tools and resources to investigate defective firearm claims and fight for the best interests of those affected.
Negligent Firearm Storage
Florida’s child access prevention laws allow criminal charges to be filed against a gun owner if a minor (under the age of 16) accesses a firearm that is not securely stored. Florida statute 790.174 defines secure storage as “a securely locked box or container or…a location which a reasonable person would believe to be secure or…with a trigger lock”.
If a minor accesses a loaded firearm and exhibits it in a public place without supervision, or exhibits it in a reckless or angry manner in front of another person, the adult gun owner can be charged with a second-degree misdemeanor. If a minor uses the loaded weapon to cause harm to themselves or another person, the adult gun owner can be charged with a felony and face up to five years in prison.
Cases of negligent firearm storage involving children are often difficult to prosecute, yet it is necessary to hold adults accountable for their irresponsibility. To learn more about how these types of cases are handled, contact KFB Law online or by phone at (813) 875-5445.
Mass Shooting Attorney
With a terrifying new headline almost every week, mass shootings have become an epidemic in the United States. If you or a family member has been affected by a mass shooting, it’s important to understand your legal rights.
What constitutes a mass shooting?
Crime violence research group Gun Violence Archive defines a mass shooting as four or more injured or killed (not including the shooter) by a firearm in a single event. Not every mass shooting makes national news – as of November, there have been 389 mass shootings in the United States in 2019. Unfortunately, it’s not a matter of if the next tragedy occurs, it’s a matter of when.
In the last few years, our country has been shaken by mass shootings at schools, movie theaters, supermarkets, concerts, and nightclubs. As we mourn the loss of those killed in each senseless tragedy, we also have to ask – could anything have been done to prevent this?
Filing a mass shooting lawsuit
Healing from the physical and emotional trauma that follows a mass shooting is a lifelong process. You may also be left with a long list of expenses, such as:
- Medical bills
- Physical therapy expenses
- Counseling expenses
- Funeral expenses
If you were injured or lost a family member in a mass shooting, you may be entitled to financial compensation. We understand that no amount of money can make the pain of losing a loved one go away, but it can help make things easier by removing financial stressors.
While the perpetrators of these crimes bear responsibility, venues and establishments have a responsibility to provide a safe place for guests. An attorney can help you determine who can be held liable for damages and assist you in filing a mass shooting lawsuit.
After the devastating massacre of 58 people in Las Vegas on October 1st, 2017, hundreds of civil lawsuits were filed against MGM, the owner of the Mandalay Bay hotel where the shooter opened fire on the crowd of concertgoers below. The hotel did nothing to stop the shooter from bringing weapons into the building, and MGM will pay an $800 million settlement to victims as a result.
When venues are negligent to clear warning signs and fail to have proper security measures in place, they should be held accountable. Mass shooting lawsuits vary from case to case, and our attorneys will help you determine liability based on your specific circumstances. We are standing by to hear your potential case and assist you in filing a lawsuit to get the justice and compensation you’re entitled to.
Request a Free Legal Consultation with a Gun Violence Attorney
If you or someone you love has been a victim of gun violence in any form, don’t hesitate to reach out to an experienced gun violence attorney at KFB Law in Tampa, Florida. Call (813) 875-5445 or contact us on our website now to request your free consultation.
Additional resources for survivors and their families:
