Legal Representation For Victims of Mass Shootings
The locations change, the victims change and the death tolls change, but one thing stays the same: the choice of weapon. Mass shootings in America – in churches, schools, nightclubs and music festivals – have become somewhat of an epidemic. Those who want to hurt or kill a lot of people tend to do so with guns, and we continue to mourn the loss of many because of these senseless tragedies. A mass shooting lawyer is here to help.
If you’re the victim of a mass shooting, or you lost someone you love, contact a mass shooting lawyer at The Carlson Law Firm. We are currently investigating mass shooting lawsuit claims. A mass shooting lawsuit may answer lingering questions about individuals and corporations who may have been able to prevent a tragedy from occurring.
How Do U.S. Mass Shootings Compare With Other Countries?
According to Congress, a mass shooting involves three or more homicides in a single incident.
Yes, mass shootings do happen in other countries. But they do not happen with the same frequency as they do in the United States.
Two researchers – Jaclyn Schildkraut of the State University of New York in Oswego and H. Jaymi Elsass of Texas State University – analyzed mass shootings in 11 countries, covering the period from 2000-14. Aside from the United States, they looked at Australia, Canada, China, England, Finland, France, Germany, Mexico, Norway, and Switzerland.
Their findings are shocking, but not unbelievable. According to their research, the U.S. has more mass shootings — and more people cumulatively killed or injured — than the other 10 nations combined.
Civil Lawsuits for Mass Shooting Victims
From physical, mental, and emotional trauma to death, if you or a loved one suffered as a result of a shooting, you may be entitled to compensation. Our compassionate, aggressive mass shooting lawyers are standing by to hear about your potential case, so please call us today.
Obviously, the perpetrators of these killings bear responsibility. But what about the landowners, school boards, business owners, event organizers or even the government? When a special relationship exists between the injured victim and a venue owner, they too may be found negligent for not providing a safe place for a guest. The venue must, by law, provide a safe premise. A venue-owner may be negligent if they had actual knowledge or they should have had knowledge of the potential for mass injury.
Lawsuits in this area vary based on the specific circumstances of each case and the act that was committed. A mass shooting lawyer can help determine liability in these matters.
Suing Gun Manufacturers and Gun Retailers
A federal law called the Protection of Lawful Commerce in Arms Act generally shields gun sellers from such liability, absent a dealer’s negligence or willful violation of another operative federal or state law. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S.-based manufacturer of consumer products is held responsible. They may also be held liable for negligent entrustment when they have reason to know a gun is intended for use in a crime. A mass shooting lawyer can determine whether or not a gun manufacturer or retailer can be help responsible for deaths caused by a mass shooting.
Sutherland Springs, Texas: Background
A gunman opened fire at a church in Sutherland Springs, Texas on Sunday, November 5th, killing at least 26 people in the deadliest mass shooting in the state’s history.
According to a spokesperson for the Texas Department of Public Safety, around 11:20 a.m. local time, the gunman, identified as Devin Patrick Kelley, exited his vehicle and opened fire with a rifle outside the church. He proceeded to enter the church and continue to fire. When Kelley exited the church he was met with gunfire from a church neighbor who heard the shots. Kelley got into his vehicle and fled the scene.
He was found dead in his vehicle a couple of miles away from the scene of the shooting. He suffered three gunshot wounds, including a self-inflicted shot to the head, Texas authorities said.
If you or someone you love was seriously injured or killed in the tragic Sutherland Springs church shooting, please contact The Carlson Law Firm. We are currently investigating claims regarding this senseless tragedy. Our mass shooting lawsuit attorneys are ready to help you fight for the justice you deserve.
Could The Sutherland Springs Church Shooting Have Been Prevented?
Before Kelley carried out the deadliest mass shooting in the history of Texas, the former airman had a history of violent behavior.
He spent 12 months in a military prison for assaulting his then-wife and stepson and received a bad-conduct discharge.
He was charged with animal cruelty on suspicion of beating a dog and he was obsessed with a family dispute in the weeks leading up to the shooting and sent threatening text messages to his mother-in-law, investigators said.
The Air Force acknowledged it did not appropriately relay Kelley’s court-martial conviction for domestic assault to civilian law enforcement, preventing the information from appearing in the federal database that licensed gun dealers are required to check before selling someone a firearm.
“Had his information been in the database, it should have prevented gun sales to Kelley,” the Air Force said in a statement.
“Somebody really dropped the ball,” former Air Force chief prosecutor Col. Don Christensen told CNN.
Kelley’s record of domestic violence alone should have barred him under Texas law from purchasing the gun he used to kill 26 people at First Baptist Church in Sutherland Springs.
Sutherland Springs Church Shooting In The News
(Reuters) – The U.S. Air Force’s failure to report the criminal record of Devin Kelley, the man who shot dead 26 people and wounded 20 more at a Texas church, could expose the service to liability, legal experts said. Read more.
What Type Of Legal Action Can Be Taken?
The Federal Tort Claims Act is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Under the FTCA, the federal government acts as a self-insurer and recognizes the liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. The United States is liable to the same extent an individual would be in like circumstances. The statute substitutes the United States as the defendant in such a suit and the United States—not the individual employee—bears any resulting liability.
In this case, the Air Force may be liable for the mistakes they made.
Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage, in the form of a mass shooting lawsuit.
What is Academy arguing in the Sutherland Springs lawsuit?
Academy argues that state and federal laws prevent the chain from bearing any responsibility. Under the federal law known as the Protection of Lawful Commerce in Arms Act (PLCAA), firearms dealers are shielded from being sued if a crime is committed with a weapon they sold. However, the PLCAA has the following exceptions:
- In cases of negligence.
- If the dealer knowingly broke federal or state laws when the weapon was sold.
Colorado banned the sale of any magazine with more than 15 rounds. Kelley presented a Colorado ID card when he purchased a firearm that came with a 30-round magazine. In addition, he bought a second 30-round magazine from a Texas Academy location.
However, Academy argues that because the items were purchased in Texas that it was within the limits of the law to sell Kelley high-capacity magazines. Academy also contends that “magazine” is not included in the definition of a firearm.
What are the Sutherland Springs families arguing against Academy?
The families say that Academy was grossly negligent in selling Kelley, a Colorado resident, firearms with a high-capacity magazine. Attorneys for the families are arguing that federal law prohibits the sale of firearms to out of state residents. However, there are two exceptions:
- The buyer meets the seller in person.
- The sale fully complies with the legal conditions of sale in both states.
Attorneys for the families rebutted Academy’s claim that magazines aren’t part of the definition of a firm. For example, guns can’t do their primary function without magazines in the same way a car can’t do its primary function without wheels.
Santa Fe High School Shooting: Background
Ten people were killed and 10 others wounded on Friday, May 18th, 2018 at Santa Fe High School in Santa Fe, Texas. The alleged shooter, 17-year-old Dimitrios Pagourtzis used a .38 revolver and shotgun owned by his father to enter his high school and open fire on classmates and teachers.
The shooter opened fire inside the school around 7:45 a.m. local time, according to school district officials. The suspect was apprehended by police and placed in custody and has been charged with capital murder.
The suspect allegedly wrote in journals that he wanted to carry out the shooting and then commit suicide, but he gave himself up to authorities, according to Governor Greg Abbott.
Explosive devices were also found at the school, and devices including a Molotov cocktail were found in a car and a home, authorities said.
Las Vegas Shooting: Background
Shortly after 10 p.m. on October 1, 2017. A shooter, now identified as 64-year-old Stephen Paddock, opened fire on a concert crowd from the 32nd floor of the Mandalay Bay Resort and Casino killing at least 58 people and injuring over 500 more.
If you or someone you love was seriously injured or killed in the tragic Las Vegas Route 91 Harvest Festival mass shooting, please contact The Carlson Law Firm. We are currently investigating claims regarding this senseless tragedy.
Is Negligent Security Responsible for the Las Vegas Shooting at Mandalay Bay?
The premises liability law in Nevada states that it is the responsibility of the property owner to maintain it in a condition that is safe for guests who are on the property. Failure to maintain the property in a safe condition entitles the injured party to file a premises liability claim for negligence against the hotel or casino.
Paddock managed to carry multiple bags with an extensive array of long-range guns, explosives, and thousands of rounds of ammunition up to the 32nd floor of the Mandalay Bay Resort and Casino. Investigators later found 23 guns, including AR-15-style and AK-47-style rifles, in his room. Paddock reportedly had a “do not disturb” sign on his door all three days so no housekeeping staff members entered the room.
According to court documents, Paddock once sued the owner of The Cosmopolitan of Las Vegas in 2012 for negligence, saying that he “slipped and fell on an obstruction on the floor” while he was a customer there in 2011, resulting in $30,600 in medical expenses. A judge dismissed the lawsuit in 2014, according to court records.
What Can The Families Of Las Vegas Shooting Victims Do?
You may be left with hospital expenses, physical therapy, funeral expenses, therapy bills, medical bills, in addition to being devastated and suffering from the senseless loss of a family member.
Fortunately, there is something that can be done, and that is to hold the parties responsible that could have possibly prevented the tragedy from taking place. Negligent security at both Mandalay Bay and the Route 91 Harvest Festival may be held responsible for your loss.
A civil mass shooting lawsuit may answer lingering questions about individuals and corporations who may have been able to prevent this horrible mass shooting.
How The Carlson Law Firm Can Help Victims With A Mass Shooting Lawsuit
You may be left with hospital expenses, physical therapy, funeral expenses, therapy bills, medical bills, in addition to being devastated and suffering from the senseless loss of a family member. Fortunately, there is something that can be done, and that is to hold the parties responsible that could have possibly prevented the tragedy from taking place. A mass shooting lawyer can help you get these answers.
A civil mass shooting lawsuit may answer lingering questions about individuals and corporations who may have been able to prevent a horrible mass shooting.
If you lost a loved one to a mass shooting, contact the team of dedicated attorneys at The Carlson Law Firm to inquire about a mass shooting lawsuit. We will fight for you and your loved ones.
Contact The Carlson Law Firm today for a free consultation. We care, we can help.