Have you or a loved one been injured or killed in a situation involving a gun? Please reach out for a free firearm personal injury consultation.

Gun injuries in Kansas are an unfortunate reality for many that, willingly or not, have been in circumstances involving firearms. For some this may have been intentional harm with the use of guns and for others they may have been negligently harmed. In either case, you may be entitled to significant money for your injuries. Contacting an experienced Kansas PI lawyer will give you the best chance of receiving the most amount of compensation for your gun injury case.

Intentional Harm with a Gun

In Kansas, 135 people are killed and 271 are wounded each year in homicide, battery, and assault cases involving guns. These actions amount to what is referred to as an intentional tort. Intentional torts involving firearms typically lead to criminal charges against the accused. However, victims may also be able to pursue civil litigation against the offender to get fair compensation for their damages.

Unintentional Harm with a Gun

An estimated 43,700 unintentional injuries due to firearms happen each year in the United States. These and injuries as well as any deaths may amount in what is referred to as a negligent tort if negligence of the defendant is established. In cases in which a negligent tort is committed, significant money for your damages may be recovered through the efforts of an experienced gun attorney.

What Constitutes a Negligent Tort in Kansas Gun Injury Cases?

To prove that an injury was caused due to negligence, three standards must be met.

• Duty of Care: The defendant must have a legal obligation to act reasonably and prevent harm. In Kansas, guns must be handled with the highest degree of care.
• Breach of Duty: This highest degree of care was not upheld by the defendant. This can be achieved either through action or inaction.
• Causation: The defendant's actions were directly linked and responsible for the victims damages.

Who can be held responsible for your injury?

In some cases, the person handling the gun at the time of your injury can be held responsible if they were acting negligently. In other cases, the gun manufacturer or seller can be held responsible. Since 2005, after Congress passed the Protection of Lawful Commerce in Arms Act, gun manufacturers and sellers have been immune from civil litigation based on the criminal actions of users of their products. However, they are still liable in other situations. These situations include:

• Knowingly selling a gun to someone with the intent of it being used for criminal actions.
• Negligent Entrustment: selling a gun with the knowledge that the firearm will be used in such a way to involve unreasonable risk of injury to the user or others.
• The sale of the firearm violated Kansas or federal statutes regarding the sale or marketing of the gun.
• Death, injury, or property damage as the result of manufacturing defects when the gun was used in a reasonable manner.