Injuries from Mishandled Firearms

Mishandling a Gun Can Cause Instant, Lasting Damage

A single mistake around a firearm can change lives in an instant. Guns demand focus and respect every time they’re handled, even a brief lapse in attention can end in tragedy. In New York, too many accidents begin with the same words: “I thought it wasn’t loaded.” That single assumption has left families grieving, children hospitalized, and survivors facing years of recovery.

At Horn Wright, LLP, our personal injury attorneys have seen how preventable these injuries are. Most cases don’t involve crime, they involve negligence. A weapon dropped, cleaned improperly, or passed between people without checking the chamber. Firearms aren’t forgiving of human error, and when carelessness leads to injury, those responsible must be held accountable.

Common Forms of Firearm Negligence and Recklessness

Mishandling a gun takes many forms, but the causes rarely surprise investigators. The same behaviors appear again and again, from living rooms to hunting cabins to shooting ranges.

The most common examples include:

• Failing to check whether a firearm is loaded before handling or cleaning it.
• Pointing the muzzle toward people or objects without awareness of direction.
• Pulling the trigger for “testing” or curiosity, assuming it’s safe.
• Mixing alcohol or drugs with firearm use.
• Leaving a weapon unattended or unsecured, especially around children.
• Using a gun in unsafe environments, such as crowded gatherings or narrow spaces.

New York’s firearm laws emphasize that safe handling isn’t optional. Under Penal Law §265 and related sections, reckless use of a firearm resulting in injury can lead to both criminal penalties and civil liability. But even when charges aren’t filed, the injured have the right to pursue compensation. Civil cases focus on responsibility, not intent — and the standard is simple: Was the harm preventable?

When a firearm injury occurs, it usually was.

Proving Who Is at Fault When a Gun Is Mishandled

Determining fault after a firearm accident requires digging into the facts, how the gun was handled, who owned it, and what safety steps were skipped.

Attorneys and investigators look closely at:

• Ownership records, showing who had legal possession and control.
• Witness accounts, describing how the gun was used before discharge.
• Forensic analysis, confirming distance, angle, and trigger pressure.
• Safety history, including prior incidents or complaints.
• Storage and transport methods, to show whether proper precautions were taken.

In New York, a person doesn’t have to intentionally fire a weapon to be liable. If their careless actions caused a gun to discharge or created an unsafe situation, they can be held responsible for injuries or death. Courts view firearm negligence the same way they treat car crashes or construction site failures, it’s about whether a reasonable person would have acted more carefully.

In one case we reviewed, a man attempted to unload his handgun in his apartment but failed to remove the magazine first. The round discharged, hitting a neighbor through the wall. That moment of inattention resulted in permanent injuries and a civil judgment covering medical and emotional damages.

A gun owner’s duty is constant, from storage to transport to use. The law expects nothing less.

How Insurance Policies May Cover Accidental Gun Injuries

Many victims are surprised to learn that insurance can play a major role in firearm accident claims. Depending on the circumstances, several different types of coverage may apply.

These include:

• Homeowner’s insurance, which often covers accidental shootings occurring on the property.
• Renter’s insurance, providing limited protection for negligence.
• Umbrella policies, covering higher-value claims or exclusions under basic plans.
• Commercial liability insurance, when the incident happens at a business or range.

Insurers may argue that gun accidents are excluded under “intentional act” clauses, but most negligent discharges qualify as accidents, not intentional harm. The challenge comes in proving negligence rather than deliberate action. That’s why early legal involvement is critical, once insurers start shaping the narrative, victims risk losing rightful coverage.

A skilled attorney ensures every relevant policy is identified, claimed, and enforced, keeping victims from shouldering the financial burden of someone else’s mistake.

In Maine, Liability Laws for Mishandled Firearms Are Less Protective Than in New York

Cross the state line into Maine, and firearm liability looks very different. While both states recognize negligence, Maine’s civil laws place greater burdens on victims.

The key distinctions include:

• No general safe-storage requirement, leaving more room for unsafe practices.
• Higher standards for proving negligence, especially in non-criminal accidents.
• Limited punitive damages, even in cases of gross recklessness.
• No specific statutes addressing civil liability for improper handling.

New York’s system is stronger and more detailed. The SAFE Act and related firearm safety laws create a clear framework for civil accountability, while Maine relies on broad negligence principles that give defendants more room to argue “accident” rather than fault.

These differences matter for incidents involving out-of-state gun owners or visitors. Where a claim is filed can dramatically affect whether victims receive fair compensation. In New York, the law leans toward protecting those harmed.

Legal Pathways to Financial Recovery for Victims

When a firearm accident causes injury or death, victims and families have several options under New York’s civil law. The right path depends on the nature of the negligence, who owned the weapon, and how the incident occurred.

The main avenues include:

• Personal injury claims, covering medical expenses, lost wages, and pain and suffering.
• Wrongful death actions, brought by surviving family members.
• Product liability claims, if a defect contributed to the discharge.
• Premises liability suits, when unsafe storage or handling occurred on private property.

Compensation can include:

• Hospital bills, surgery, and rehabilitation.
• Lost earning potential or permanent disability.
• Emotional trauma and loss of quality of life.
• Punitive damages, when conduct shows reckless disregard for safety.

Victims should never accept quick settlements without legal review. Insurance companies often rush to close these cases cheaply, hoping families won’t realize the long-term costs of therapy, prosthetics, or chronic pain. An attorney focused on personal injury ensures full compensation, not what’s convenient for the insurer.

Preventing Mishandling Through Responsible Ownership

Every gun owner can help prevent future injuries by practicing safe handling habits every single time. Safety isn’t just a list of rules, it’s a mindset.

Responsible firearm ownership means:

• Always treating every gun as if it’s loaded.
• Keeping the muzzle pointed in a safe direction.
• Using trigger locks and safes when storing weapons.
• Separating ammunition from firearms when not in use.
• Avoiding alcohol or drugs whenever a gun is present.
• Ensuring all family members understand basic safety.

Education is the best prevention. In New York, voluntary courses offered by law enforcement and certified instructors reinforce these principles for both new and experienced gun owners. The difference between tragedy and safety is usually one decision, taking a few seconds to double-check.

Horn Wright, LLP, Holds Gun Owners Accountable for Negligence

Firearm injuries don’t just happen, they’re caused by moments of carelessness that could have been prevented. The law demands accountability for those moments, and victims deserve justice.

At Horn Wright, LLP, our personal injury attorneys help New Yorkers injured by negligent gun owners recover the compensation they need to rebuild their lives. We investigate every fact, consult with firearm experts, and make sure the truth is clear, because every accident tells a story, and that story deserves to be heard.

We’ve represented victims injured in homes, workplaces, and public spaces across the state. Our goal is not just financial recovery, but also change, ensuring that every case we take helps promote safer firearm practices throughout New York.

Because one person’s carelessness should never destroy another’s future.