According to recent news reports from Mansfield Texas two preschool-age children have suffered undisclosed injuries after reportedly being struck by the same stray bullet from a .22-caliber rifle on Saturday June 18. The children are each 6-years-old and are siblings. The accident happened in the 8400 block of Retta Mansfield Road. Their parents took them to a local fire station around 5 p.m. and they were subsequently taken to a hospital in Dallas via helicopter. An investigation is being conducted in order to determine if the shooting was a crime or an accident. The children did not fire the gun according to a Tarrant County sheriffs spokesman.
Approximate Site of the Accident
Commentary
This incident is unfortunately similar in many respects to a case we are currently litigating whereby a 14-year-old boy suffered catastrophic injuries after being struck by a stray bullet that was fired from a neighboring property. Naturally these cases are quite reliant upon gathering and preserving vital evidence specifically the forensic evidence necessary to show the bullets origin.
From a legal perspective a negligence claim may be brought against the person who fired the weapon or potentially the owner of the weapon (for example if a minor child fired the weapon when they took it from their parents closet). What may be less obvious is that a claim can be filed against the owner of the property from where the weapon was fired. In the above-referenced case that is the strategy our firm employed. Certainly a negligence claim would seek to ensure that the children receive fair and adequate compensation for their medical bills which are likely to be astronomically high but if it is determined that this was not a simply fluke and was in fact the result of gross negligence exemplary damages may be awarded to the children as well.
Naturally for liability to be established against a property owner the property owner must have had some control over the firing of the weapon. I suspect that the police will uncover the origin of the bullet through their in-depth forensic analysis but such an investigation is likely insufficient to establish liability against all parties.
I like discussing these types of situations on my blog because they are complex and interesting from a legal perspective. However I try to maintain a neutral stance on this blog and do not directly encourage anyone to seek out legal advice; I merely discuss the possibilities that may exist. But in this situation I would strongly encourage the family of these injured children to consult their family attorney simply because this is a perfect example of a situation where an investigation conducted by the police will only get you so far and good legal work will pick up where that investigation may leave off. Learn more about premises liability aka homeowner liability.
Dallas Personal Injury Attorney Michael Grossman
