Negligent Entrustment in Firearm Cases

Negligent entrustment cases are similar to negligent sale cases. In both negligent sale and negligent entrustment cases the crux of the argument is that the defendant was negligent in allowing someone who the defendant knew or had reason to know was incompetent, inexperienced or reckless to have access to the gun. Entrustment occurs when the gun is given to the person, the person is given permission to use it or the defendant knows that the person will use it without permission.

Courts often combine negligent entrustment with negligent storage because negligent storage is a passive form of negligent entrustment. Negligent storage involves storing the weapon in such a way that it is likely to be misused. The usual scenario in such cases is when guns are left accessible to children, particularly small children who do not and cannot be expected to appreciate the danger posed by the weapon. In negligent storage cases, the theft of the gun does not necessarily relieve the owner of liability if the theft was reasonably foreseeable. In such cases the courts will look at how securely the weapon was stored.

Firearm Cases: Getting Legal Help

Injuries from firearms are on the rise as are the number of laws regulating the use of firearms. The law governing recovery in the case of firearm injury is complex. If a firearm that is defective has injured you, you may be able to recover for your injuries under products liability law. If you were injured by firearm that was not defective you may be able to recover under a negligence theory. An attorney experienced in handling this type of case can look at the facts of your case and the applicable laws to determine whether your injuries were caused by a product defect, negligence, or both. To find an experienced attorney, use the "Find a Lawyer" tool on the left side of this page, or click here.