Our client was at the shooting range with his family when during a cease-fire, he was shot in the abdomen by a man standing two lanes down who improperly handled his gun, causing it to discharge. Our client was airlifted to the hospital where he remained in a medically induced coma for two weeks. As a result of the gunshot wound, nearly half of our client’s liver had to be removed.
While the shooter’s liability was never in question, KTL also considered the liability of the gun range for failing to properly supervise the shooter. This theory presented some issues, as all patrons of the shooting range had to sign waivers of liability before entering. Typically, shooting ranges are able to avoid liability for general negligence based on the signing of the waiver. Through careful research, KTL was able to go to an early mediation against the shooting range and shooter, with a full analysis of the shooting range’s liability based on the theory of gross negligence. This theory was based on the fact that the shooting range was extremely busy that day, there were insufficient staff patrolling the grounds, and no staff paid particular attention to the shooter, who had never handled this gun before and did not know how to properly operate it. Ultimately, at mediation, the case was able to settle for $1,000,000.