Residents in Flagler County, Florida, are facing alarming incidents of stray bullets hitting homes, raising concerns about gun safety and accountability near shooting ranges. One homeowner, Don Barwick, shared his ordeal after finding his property damaged by gunfire in October 2023. What can you do in a situation like this? Who can you hold accountable for the property damage, potential anger to life and limb, and emotional trauma of your home being fired upon? An Orlando, FL, premises liability lawyer can shed light on your legal options and help you assert your rights.
Barwick, a lifelong Floridian and Second Amendment supporter, returned from a trip to discover bullet holes in his master bathroom. “Bullets hit a door frame, bounced off, struck the door, and dropped on the floor,” he explained. The damage extended to his horse trailer, where four horses stood in the backyard. Miraculously, the bullets missed the animals.
The Flagler County Sheriff’s Office investigated and linked the gunfire to a neighbor’s target practice. Another neighbor’s classic Ford Mustang also suffered a shattered windshield from stray bullets. Although charges were initially filed, they were later dropped, leaving Barwick responsible for $14,000 in property repairs.
Florida law, under Statute 790.15, prohibits reckless or negligent gunfire near homes or public spaces. Despite these protections, incidents like Barwick’s highlight gaps in enforcement and the need for stricter oversight of shooting activities in residential areas.
Local gun safety advocates emphasize responsibility. “Once a bullet leaves the barrel, you own it,” said Gunnar Farias, owner of Tower Guns and Training. He supports responsible practice within safe boundaries to prevent tragedies.
Barwick voiced his fears: “Someone could have lost their life. We could’ve lost one of our animals or dogs.” His experience underscores the urgent need for balancing firearm rights with public safety to prevent similar incidents in the future.
How Could A Premises Liability Lawyer Help In This Situation?
If your home is struck by accidental gunfire from a nearby shooting range, a premises liability lawyer can play a critical role in protecting your rights and securing compensation. These cases often involve complex legal issues, including determining fault and navigating local gun laws.
First, a premises liability lawyer will investigate the incident to establish negligence. This includes examining safety measures at the gun range, reviewing zoning laws, and determining if proper precautions, such as bullet traps or barriers, were in place. They will also assess whether the range violated regulations governing its operation near residential areas.
Second, they will help you document damages, including property destruction, repair costs, emotional distress, or injuries caused by the gunfire. Accurate documentation is critical for building a strong claim and pursuing fair compensation.
The lawyer will negotiate with the gun range owner, their insurance company, or other liable parties. If necessary, they will represent you in court to hold the responsible parties accountable. They will argue that the gun range operators had a duty of care to prevent such incidents and failed to uphold that responsibility.
Although you may not live near enough to a gun range for this particular incident to affect your home, you may travel near one, and have a stray bullet strike your car—or even a passenger! A good premises liability lawyer, like those at David & Philpot, PL, can advise you of your options if you’re hurt because of the actions of a negligent property owner.
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