A handgun is a dangerous instrumentality. Therefore, as a general rule, a gun owner’s responsibility for injuries inflicted by a dangerous instrumentality ceases when it passes from that person's control. However, an exception to this rule exists where there has been a negligent entrustment of the instrumentality to a person who lacks the capacity to safely use or operate the instrumentality, such as a minor. In other words, a parent may be liable for injuries inflicted by his or her minor child with a gun that the parent has permitted the child to have or has left accessible to the child. Additionally, an adult who is not the child’s parent and who is not vicariously responsible for the welfare of the child may nevertheless be directly responsible for the foreseeable injuries inflicted on a third party. However, if the adult is not directly responsible for the welfare of the child and does not have immediate control of the child’s actions, he or she may not be held liable if the child independently secured a firearm and injures a third party. For example, an action against an uncle was dismissed because the evidence did not support the plaintiff's claim that the uncle stood in loco parentis to his 16-year-old nephew who had shot another after securing a rifle from the uncle's room when visiting the uncle's home.

If your child is injured by a firearm, due to the negligence of another, you should consult with an experienced West Palm Beach Child Injury Lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.