Firearms are dangerous and need to be properly secured so children do not have access to them. The results can potentially be tragic as shown in the following story of a five year old killed in Jeffersonville, Indiana. Thank heavens the child is alive. Although the child shooting the other child is almost always an accident, the failure to secure the dangerous weapon may be negligence and render the owner of the gun liable.
For example, a Kentucky decision in the Court of Appeals – Spivey v. Sheeler, 514 S.W.2d 667 (Ky.,1974) – addressed the standard of responsibility when a pistol was left locked in a cabinet but the key was easily available on top of the cabinet. The results were tragic as a twelve-year-old boy sustained injuries when 11-year-old friend shot him with a .25 caliber pistol which the friend had obtained from his father’s locked gun case by using the key found on top of the case, and the boy’s parents brought an action against the friend’s parents. The Court of Appeals held that even though a parent is generally not responsible for the torts of his child, a parent may be liable for injuries which his minor child inflicts with a firearm, given to the child by the parent, or left accessible to the child.
Although the Kentucky decision has no applicability in Indiana, it is the law in Kentucky and illustrates the danger that needs to be prevented to protected our children.
Here is the Courier-Journal story:
“5-year-old girl shot in head in Jeffersonville
A 5-year-old girl was shot in the head in Jeffersonville Friday night in what police said appears to be an accident involving children playing with a gun.
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There were adults home at the time but they were outside on the porch, Hollis said. He said the adults heard a gunshot, then a child crying and ran inside, where they found the girl bleeding from her head.
She was conscious and alert when she was taken to Kosair Children’s Hospital, Hollis said. Doctors were planning surgery Friday night.
It is not clear who owned the gun but it had been in the home prior to the incident, Hollis said.
No foul play is suspected, but it hasn’t been determined whether any charges will be filed against anyone involved, he said.
As one reader commented – “The reason that it is “not an accident” is not due to the weapon being fired willfully at another child (who didn’t understand the dangers), but it is not an accident because the weapon was deliberately left unsecured by adults who are supposed to be responsible with it.” Although “deliberately” may be an overstatement based upon the report, the weapon appears to have been left unsecured.
