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Local Business
April 29, 2023

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One of the main areas of my practice focuses on personal injury law. Pennsylvania law governing lawsuits alleging injury cases varies depending on how the injury occurred. There are different laws governing car accidents than laws that determine how a slip and fall case should be handle. Similarly, there are different laws governing injuries that are caused by weapons. This month’s article will touch on these laws. Courts generally apply strict rules of accountability for injuries resulting from the discharge of a firearm. A person handling a firearm in the immediate vicinity of others is liable for its discharge, even if accidental, provided it is not unavoidable. For example, a police officer can be held liable if a cocked and loaded gun causes injury when frisking a suspect. Additionally, a person using a firearm must use extraordinary care as opposed to reasonable care when handling a firearm. With the use of weapons, it is expected that a higher degree of care, or caution, must be used when handling a firearm. However, the mere possession of a loaded firearm does not mean that an individual is an insurer against all injuries arising from its use. This does not allow a gun owner to avoid liability if they know that a third party is likely to use the weapon in a way to create an unreasonable risk of harm. For example, a gun owner could be held liable if they allow their weapon to be used by an individual whom they know to be deranged and/or likely to cause harm. This area of law is very fact specific. In short, if one avails himself of the use of a firearm, then that individual should exercise extreme caution in its use.

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