Legal Question in Civil Rights Law in Virginia

Defense against Gun Control

If a child shot another child while he was visiting his father, although the gun was not his mothers, is she held totally responsible, because he obtained the gun from her home? The gun was her boyfriends, and he usually kept it in a locked toolbox. The father was not home when his child was shot, he was out drinking. Is it all the mothers fault? Or is the father partly reliable for what happened? She was partly negligent in not making sure that the gun was safe, but is he also negligent for not being at home with his 13 and 5 year old sons?


Asked on 12/04/03, 4:12 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Defense against Gun Control

It's not at all clear that ANYONE was negligent. it depends on a lot of facts. A parent is not negligent simply because he left the kids at home,--unless they were of an age where it was totally inadvisable, such as 8 or younger (depends on the circumstance).

A civil suit may be started by the parents of the wounded child, however, with all the parents joined as defendants, and let them fight amongst themselves to see whom will be blamed. It might also be an insurance matter,--seek local counsel.

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Answered on 12/04/03, 5:38 pm


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