Child Injury Lawyer Blog
Published by Child Injury Lawyer Blog
For years, children and adults alike have enjoyed the challenge and fun associated with BB gun use. Unfortunately for many children, a BB gun is the weapon – yes weapon – that causes significant injuries including but not limited to eye injuries. It has been reported that the pumping of a BB gun can lead to the velocity of the BB pellet similar to a .22 gauge handgun. As such, the velocity and force of a BB gun pellet shot can go through the eye and cause a serious eye injury in the form of a retinal detachment. There is an old saying, “Be careful or you will lose an eye.” There is even a famous movie that centers around a child’s wish just to have that special BB gun delivered. A Christmas Story is a great comedy and sure enough the child suffers a minor injury from the BB gun. However, when a child suffers a serious injury as a result of the use or misuse of a BB gun, this is no laughing matter. For some of these children, vision is affected for life.
In the aftermath of the Sandy Brook – Newton Connecticut shooting, there is a renewed debate and discussion about gun safety and gun control in Connecticut and the rest of the United States. It has been reported that one of the weapons used in the killing of 20 school children was a semi-automatic weapon. Initial reports indicate that the gun was properly owned and registered by the shooter’s mother who had an interest / hobby in target shooting and other activities. While it appears that it was legal and proper under the existing laws for the mother to own these guns including the semi-automatic weapon, investigators into the Sandy Brook – Newtown shooting plan on researching the guns at issue all the way back to the manufacturer then down to the wholesaler / distributor to the retailer to finally the consumer. The terrible tragedy in Newtown was neither expected and there is a debate as to whether it could have been avoided. Tragically, when an unstable person decides to wreak havoc and death upon the lives of innocent people including children – it is quite a challenge or burden to show what actions if any could have prevented the incident.
Accidental shootings unfortunately and tragically take the lives of children in the United States. Our country has a proud history of the right to bear arms. It is a constitutional guarantee. Many gun proponents argue that no laws should impinge on the constitutional right to bear arms. Others, however, argue that some restrictions and safeguards should be put in place for the protection of children and others. Any gun laws can bring out a heated debate. Frederick Rivara is a Professor of Pediatrics at the University of Wahington. Dr. Rivara wrote an article for the Seatte Times that advocated for the implementation of CAP (Child Access Protection) laws in the State of Washington as well as other States. An important issue is how to protect children from access to guns kept in the home and other locations. Dr. Rivara points out that gun, cable, or trigger locks effectively decrease the incidents of deaths from guns in the home. Child safety should be a universal goal and mission for all parents, schools, day care centers, and the community. Unfortunately, whether it is a gun that is not properly stored or other dangerous item or condition, children are injured every day due to a lack of safety precautions. Yes, some children are injured due to an unforeseeable accident or incident; however, it should be pointed out that many child injuries are preventable with due care and common sense. See 
In the State of Washington, children should be provided a safe educational environment. Unfortuantely, children are injured at schools, day care centers, and playgrounds. Some injuries and incidents are preventable with more timely care and supervision. Other incidents are tragic and there is no blame to lay on the person, school, or day care center. A recent shooting was reported at Armin Jahr Elementary School in Bremerton Washington. It was reported that a third grader was accidentally shot by another student at the school. It is believed that another third grader had brought the gun to the school. In cases of this nature, there are several issues that will be part of the investigation including but not limited to the following:
In Michigan and other States, school officials have a duty to keep schools safe for the children. Most schools act very swiftly and quickly when guns, knives, and / or other weapons are discovered in a school. Even a “toy” gun or “pellet” gun can cause serious injuries to a child in a school or day care center setting. Furthermore, a toy gun can often be mistaken by a teacher, student, or police officer as a “real” gun which can then set forth a series of events that can lead to serious personal injuries and, in some instances, death.
In Ohio and other States, children are the unfortunate victims of accidental shootings. It was reported in Fredericksburg Ohio that a 15 year old Amish girl – Rachel Yoder – was hit by a stray bullet. At the time of the tragic Ohio shooting, the girl was driving a horse drawn buggy. She was shot in the head. The work of police investigators determined the probable cause of the shooting death of this girl. Apparently, a man shot a rifle into the air approximately 1.5 miles away from where the bullet hit Rachel Yoder. A full investigation will be conducted to determine if the ballistics from the gun match the bullet that ended the life of the Amish teen. See