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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
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In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
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In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
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In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision

THE BIGGEST THREAT OF PERSONAL INJURY TO KIDS ISN’T ASSAULT WEAPONS

kids

“According to scientific literature, American children face a substantial risk of exposure to firearm injury and death,” a Children’s Hospital of Philadelphia Research Institute report points out, citing the following three statistics as part of a long list:

  • There are approximately 120 guns in circulation in the U.S. for every 100 people.
  • 1 out of every 3 homes with kids has guns.
  • Among children, 89% of unintentional shooting deaths occur in the home. Most of these deaths occur when children are playing with a loaded gun in their parents’ absence.

“Shootings are now the third leading cause of death for U.S. Children”, a Newsweek headline reads, citing a study in the journal Pediatrics showing that an average of 5,790 children received emergency room treatment for gun-related injuries each year. And, in the Huffington Post, Nick Wing reports that “8 Children Are Accidentally Shot Every Day With Unsecured Firearms in the Home.”

As personal injury attorneys in Indiana, we at Ramey & Hailey law are acutely aware of the fact that, in recent years, Indiana has seen its share of accidental shootings involving children. In fact, one of the purposes of this personal injury blog is to reach innocent folks whose lives have been thrown off track after their children were victims of a gun accident. In just the past quarter year, we have been reading stories such as these:

  • Less than one month ago, a four year old girl from Lebanon, Indiana was shot in the head by her two year old brother while at their grandmother’s home.

  • One month earlier, in Logansport, Indiana, a toddler got hold of a semi-automatic weapon, shooting himself in the face.

  • The month before that in Marion, Indiana, a three year old boy accidentally shot his two year old brother in the living room of their home.

  • The Chicago Tribune reports that Indiana has one of the nation’s highest per capita rates of accidental shootings involving children.

Indiana has a Violent Crime Victim Compensation Fund, which strives to assist victims, or their dependents, with certain costs (including forensic exams, outpatient mental health counseling, and limited medical expenses) incurred as a direct result of violent crime. But when a child has died violently, not as the result of a crime, but because they or other innocent children had access to firearms, what then??

In most cases, parents are civilly (legally) responsible for their children’s actions. This means the consequences of a minor’s actions are the parents’ responsibility, requiring them to give compensation for injuries caused by their children. Parents who fail to effectively secure firearms out of the reach of children are inherently negligent. In the unfortunate event a child gets hold of a firearm and discharges it, causing injury or death, the injured victim or their family can take the parents to civil court, and/or the police can arrest and charge the child’s parent(s) with crimes. But what if the toddler who found and fired the gun is the child of those parents???

Can parents be charged for failing to keep their guns locked up? “Indiana provides that a child’s parent or legal guardian commits the crime of “dangerous control of a child” if he or she knowingly, intentionally, or recklessly permits the child (defined as a person under age 18) to possess a firearm.” The law includes the rule that caregivers in child care homes must keep all ammunition and firearms in a locked area inaccessible to children whenever children are present.

The biggest threat to our kids’ safety likely isn’t assault rifles, a lack of school security, or weapons that fall into the hands of the mentally ill. It’s the guns that are commonly found in our own homes, a Parents Magazine article laments. At Ramey & Hailey, we agree!

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