What is Negligent Use of a Deadly Weapon?

In Florida, where gun ownership is common and laws surrounding firearms are nuanced, understanding the legal implications of mishandling a weapon is critical. One question we often hear at our Florida law firm is: What is negligent use of a deadly weapon? This issue arises in both criminal and civil cases, impacting victims, defendants, and their families.  

Defining Negligent Use of a Deadly Weapon

So, what is negligent use of a deadly weapon? In Florida, a deadly weapon is any object capable of causing death or great bodily harm, including firearms, knives, or even vehicles in certain situations. Negligent use of a deadly weapon occurs when someone handles such a weapon carelessly, creating a risk of harm without intent to cause injury. This differs from intentional acts, like assault, which carry harsher penalties.

Negligent use of a firearm, a common subset, often involves mishandling a gun, such as firing it recklessly, failing to secure it properly, or pointing it in an unsafe manner. For example, accidentally discharging a firearm in a public place or leaving a loaded gun accessible to a child could qualify as negligence. Florida’s warm climate and outdoor lifestyle, from hunting in the Everglades to urban settings in Miami, make these incidents all too common.

Legal Framework in Florida

Florida law addresses negligent use of a deadly weapon through both criminal and civil statutes. Criminally, such negligence often falls under Florida Statute 790.19, which prohibits wantonly or maliciously shooting at or into a building, vehicle, or public space. However, negligence doesn’t require malice; careless handling that endangers others can lead to charges like improper exhibition of a dangerous weapon or culpable negligence. 

• Improper Exhibition: Pointing or waving a firearm in a threatening or careless manner, even without firing, can result in a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
• Culpable Negligence: Exposing others to injury through reckless handling of a weapon can also be a misdemeanor, with penalties escalating if injury occurs.

In civil cases, negligent use of a firearm can lead to personal injury lawsuits. Victims injured by a negligently handled weapon may seek compensation for medical bills, lost wages, and pain and suffering. Florida’s comparative negligence rule (Statute 768.81) means damages may be reduced if the victim shares fault, such as trespassing on private property where the incident occurred.

Common Scenarios of Negligent Use

Understanding what is negligent use of a deadly weapon becomes clearer through real-world examples. Here are scenarios we frequently see in Florida:

1. Accidental Discharge: A gun owner cleaning their firearm in a Jacksonville apartment accidentally fires it, injuring a neighbor. This could lead to criminal charges and a civil lawsuit.
2. Unsecured Firearms: A parent in Orlando leaves a loaded handgun on a nightstand, accessible to a child who injures themselves or others. This is negligent use of a firearm and may trigger both legal and civil consequences.
3. Reckless Handling in Public: During a hunting trip in Ocala, a hunter fires their rifle without checking their surroundings, endangering others. Even if no one is hurt, this could result in misdemeanor charges.
4. Non-Firearm Weapons: A construction worker in Tampa swings a machete carelessly, injuring a coworker. This qualifies as negligent use of a deadly weapon, as machetes are considered deadly under Florida law.

These cases highlight why proper training and storage are essential. Florida’s high rate of gun ownership, over 2 million concealed carry permits as of 2025, underscores the need for vigilance.

Consequences of Negligent Use

The repercussions of negligent use of a deadly weapon vary based on the outcome:

• Criminal Penalties: Misdemeanor charges may lead to jail time, fines, or probation. If serious injury or death occurs, felony charges like manslaughter could apply, with prison terms up to seven years (Statute 775.082).
• Civil Liability: Victims can sue for damages, including medical costs (e.g., surgery for a gunshot wound) or lost income. In Florida, punitive damages may apply if the negligence is egregious.
• Collateral Impacts: A conviction can lead to loss of gun rights, employment challenges, or reputational harm. For victims, long-term effects like chronic pain or PTSD can disrupt lives.

Protecting Yourself as a Gun Owner

To avoid negligent use of a deadly weapon, follow these preventive measures:

• Proper Training: Complete a certified firearms safety course, widely available in Florida cities like Fort Lauderdale or Pensacola.
• Secure Storage: Use gun safes or trigger locks to prevent unauthorized access, especially in homes with children.
• Safe Handling: Always treat firearms as loaded, keep your finger off the trigger until ready to shoot, and never point a gun at anything you don’t intend to shoot.
• Know the Law: Familiarize yourself with Florida’s gun laws, including where concealed carry is permitted (Statute 790.06).

These steps reduce risks and strengthen your defense if accused of negligence. If you’re unsure about compliance, consult a lawyer to review your practices.

Seeking Compensation as a Victim

If you’ve been injured due to negligent use of a firearm or another deadly weapon, you have rights. Here’s how to proceed:

1. Seek Medical Care: Document all injuries, from minor cuts to severe trauma, as medical records are critical evidence.
2. Gather Evidence: Collect witness statements, photos of the scene, and police reports. In a recent Miami case, our firm used surveillance footage to prove negligence in a shooting incident.
3. File a Claim: Work with an attorney to file a personal injury lawsuit. Florida’s statute of limitations for negligence claims is four years (Statute 95.11).
4. Understand Damages: You may recover for medical expenses, lost wages, and emotional distress. If the defendant’s actions were reckless, punitive damages could apply.

When Exemptions and Defenses Apply

Defendants accused of negligent use of a firearm may have defenses, such as acting in self-defense or proving the incident was accidental without negligence. However, claiming a workers’ comp exemption rarely applies to firearm cases, as exemptions typically relate to business owners opting out of coverage, not weapon use.

If you’re a business owner facing a workplace incident involving a weapon, verify your workers’ comp status. An exemption could shift liability to a personal injury claim, complicating your defense.

Why Legal Help Matters

Whether you’re a victim or facing charges, negligent use of a deadly weapon cases require skilled representation. Understanding what is negligent use of a deadly weapon is essential in Florida, where firearms and other deadly weapons are prevalent. Whether you’re a victim seeking justice or a gun owner facing charges, knowing your rights and responsibilities can make all the difference.