What is Negligent Use of a Deadly Weapon?

In cases of negligent use of a deadly weapon, usually, a plaintiff (an injured person) sues the defendant (an individual or person acting on behalf of a business or other entity), for damages that resulted from the negligence.

In order for a plaintiff to successfully sue a defendant for negligent use of a deadly weapon, negligence means (1) the defendant had a duty of care; (2) that the defendant breached that duty; and, (3) that duty caused injury to the plaintiff, who suffered damages.

Specifically, negligent use of a deadly weapon refers to the use of a weapon in a manner that causes harm to another because of the lack of care or caution by the person using such a weapon. Using firearms in a reckless manner, as well as handling a knife in a careless way, are often considered negligent acts.

Sometimes a security company or firm is hired by a business to provide additional security to a business’s premises. If the individual working as security personnel fires a gun and subsequently injures someone—without establishing that there was a clear and immediate danger to someone on the premise—the security firm and the property owner of the premises may be liable for damages that occurred as a result of the discharge of the deadly weapon.

Often, negligent use of a deadly weapon can lead to criminal charges as well as civil liability. Florida Statutes dictate that any person will be guilty of a misdemeanor of the first degree if they are carrying weapons such as a dirk, sword, sword cane, firearm, electric weapon or device, or any other weapon, and they behave in a “rude, careless, angry, or threatening manner,” that is not necessary for the sake of self-defense. The specific consequence of negligent use of a deadly weapon will depend on the specific circumstances of the case, including what injuries occurred, and how the weapon was used.

Do you think you might have a case that fits this description? Contact us today.