Kansas City Firearm Injury Lawyers

Firearm Accident & Mass Shooting Cases in Missouri & Kansas

Firearm accidents and injuries happen every year. Whether as a result of defective manufacturing, poor design, or violent acts, gun-related incidents have devastating, life-altering consequences for victims and their families.

If you or a loved one is the victim of a firearm accident or act of gun violence, including a mass shooting, the amount of suffering you have been through can feel unbearable. At Shamberg, Johnson & Bergman, Chtd., we believe that you have seen enough injustice; our Kansas City firearm injury lawyers are prepared to help you take legal action and fight for the fair recovery you and your family are owed. We are prepared to take on the manufacturers and distributors of defective firearms and firearm accessories, individuals who commit heinous acts of gun violence against innocent people, and corporations or government agencies that enable gun violence through inexcusable negligence.

To learn more about how our firm can help, please contact us at (816) 542-5999. Your consultation is completely free and confidential.

Negligent Firearm Transactions

Since 2011, it has been unlawful in the state of Missouri to purchase a firearm in certain situations, including when the individual knowingly:

• Attempts to obtain a firearm from a licensed dealer or private seller and knows that doing so would violate state or federal law;
• Provides false information to a licensed dealer or private seller with the intent to deceive the dealer/seller regarding the legality of transferring the firearm; or,
• Procures or convinces another individual to violate either of the above-outlined provisions (known as “straw purchasing” or “straw trafficking”).

While Kansas does not have specific state laws regarding gun trafficking, certain individuals are prohibited from owning, purchasing, or obtaining firearms under both state and federal laws. These individuals include those with a history of substance abuse/addiction, those with felony convictions, and others who do not meet state or federal age requirements.

Victims of firearm accidents and gun violence may be able to hold negligent dealers, sellers, straw purchasers, and others accountable when they can prove that the firearm involved in the incident was purchased or obtained unlawfully. Those who take part in driving illegal firearms to the market can also be held accountable when their conduct results in serious injuries and loss of life.

Walmart Straw Purchasing Lawsuits

Shamberg, Johnson & Bergman, Chtd. successfully reached a confidential settlement for the family of a man who was shot and killed due to Walmart allowing a straw purchase of a firearm. In this case, a Walmart employee sold a shotgun to two people, including one man who did not have any identification, so the other man completed the purchase instead. The first person with no ID would later use that shotgun to complete a planned murder.

For more information about this important straw purchasing lawsuit, you can read more:

• In our blog
• In our Fall 2016 newsletter
• In our Fall 2017 newsletter

One case result cannot guarantee another. However, this Walmart case shows that our legal team knows how to handle controversial straw purchasing lawsuits, including those filed against major corporations.

Types of Firearm Defects

In Missouri and Kansas, many people exercise their Second Amendment rights to “keep and bear arms” and follow safe, responsible firearms practices. Unfortunately, accidents can and do happen. Often, firearms accidents are the result of defects that cause firearms to malfunction.

Although firearms are federally regulated by the National Firearms Act (NFA) and the Gun Control Act (GCA), neither act establishes a federal agency that can start a mandatory gun recall for defects, as you might expect with any other product. As a result, some manufacturers will not issue a recall even after it becomes clear that they have sold unsafe firearms, firearm equipment, or gun accessories. Other firearm makers will issue voluntary recalls but tend to do so slowly.

Examples of different types of firearm defects include:

• Hair triggers/sensitive triggers
• Guns that fire when dropped or jostled
• Incomplete or delayed discharges
• Barrel failure
• Cartridge extract failure
• Defective chamber indicators
• Faulty ammunition
• Defective safety/safety issues

Injuries caused by defective firearms can be catastrophic or deadly, and liable manufacturers and distributors should be held accountable. Whether the defect was the result of a simple manufacturing mistake or purposeful practices meant to cut corners and increase profits, our Kansas City firearm defect lawyers are ready to fight for you and your recovery.

Civil Claims for Gun Violence

Criminal acts involving firearms often result in severe bodily injury or death. While those who commit these offenses face criminal prosecution and penalties, they can also be held civilly liable for the harm and damage they cause. A civil firearm injury claim is a type of personal injury claim. The plaintiff (the injured individual or the family member of someone who was killed due to gun violence) seeks financial compensation from the at-fault party for the losses they have endured.

Damages that might be available in a firearms injury claim could include:

• Economic damages for medical expenses, lost income, costs related to new disabilities, and lost future earnings.
• Non-economic damages for emotional trauma, loss of companionship, pain and suffering, shortened life expectancy, and lessened enjoyment of life.

The process of filing a personal injury or wrongful death claim in the wake of a violent act is separate and distinct from any criminal proceedings that may (or may not) occur. Notably, the outcome of a criminal case does not necessarily have any bearing on the outcome of a civil lawsuit; it is possible to recover compensation in a civil lawsuit even if the alleged offender is acquitted or found not guilty of a crime. You can even file a gun violence injury claim in civil court if the offender was never even arrested for what they did.

Mass Shooting Injury Claims

Our Kansas City gun violence attorneys of Shamberg, Johnson & Bergman, Chtd. have the experience, resources, and insight required to handle highly sensitive lawsuits for victims of mass shootings and the families of people who lost their lives in mass shootings. Like other gun violence cases, mass shooting cases often involve catastrophic or fatal injuries. Unlike other gun violence cases, though, mass shooting claims are often filed against more defendants than just one gun manufacturer or the individual shooter. Instead, an investigation may uncover that the mass shooting could have been prevented had a corporation, regulatory agency, or government entity done more beforehand.

Examples of large or powerful defendants in mass shooting cases include:

• U.S. Military for failing to notify other authorities about violence-related court martials that would have prevented the shooter from owning or carrying a firearm.
• Courts or legal officials for failing to process domestic violence convictions or failing to recognize the severity of domestic violence accusations.
• Corporations that do not take threats of workplace violence seriously and fail to use adequate security when penalizing a worker who has used such threats before.
• Companies that host large gatherings or events like concerts or sporting events and fail to hire security that is equipped with metal detectors.
• Vendors that sell firearms to people who are prohibited from owning or carrying a firearm, which can occur if the vendor does not complete necessary background checks.
• Government entities that fail to implement reasonable gun control regulations, especially after legislative updates require it.

Get Help from Serious Attorneys – Call Now

At Shamberg, Johnson & Bergman, Chtd., our Kansas City firearm injury attorneys represent injured individuals and the families of those wrongfully killed due to negligent firearm transactions, inadequate gun safety measures, mass shootings, and firearm defects. Our attorneys have extensive experience in this complex area of law and know how to protect your rights when the defendant tries to dodge liability. Our experienced trial lawyers are prepared to take on large manufacturers, individuals, and their defense teams on your behalf, allowing you to simply focus on what matters: healing.

Since 1949, our firm has been the trusted choice for personal injury representation in Kansas City and throughout the Midwest. We are proud to have built a solid reputation for excellence and success, and we also understand the importance of building equally solid relationships with our clients. When you turn to our team, you receive personalized attention and support every step of the way, so you can trust that your gun violence claim is in good hands.

Put a powerful, proven team on your side. Call (816) 542-5999 or submit an online contact form to request a free initial consultation today.