A tragic accident that resulted in the shooting death of a 4-year-old boy, has also resulted in a wrongful death lawsuit and criminal charges against the parents of a 6-year-old that found one of several firearms left open in his home for him to pick up and use at any time, as reported by the Asbury Park Press.
The two youngsters had been playing outside when the 4-year-old fatally shot 6-year-old B.H. in the head.
The six-count suit, possibly seeking over a million dollars in damages, was filed in Ocean County Superior Court naming A.S. and M.S. as defendants. Kevin Parsons, the attorney for the B.H.'s parents, said, "Given (B.H.'s) horrific death, his suffering before he passed, and his extreme young age, not to mention the claims of both parents for their own emotional suffering, the case has a value well into seven figures. A monetary demand will be made at some point, but not now."
The lawsuit states that the recklessness of A.S. and M.S. caused B.H.'s death. According to the suit, "As a direct and proximate result of the negligence, recklessness, and/or carelessness of the aforementioned defendants, the decedent, (B.H.), suffered physical and emotional injuries, considerable pain, anguish and suffering and permanent injuries, and conscious pain and suffering, ultimately causing decedent's death."
According to Parson's B.H.'s parents made the decision to file the lawsuit because they felt that "we live in a nation of laws, and this is the avenue of recovery the law allows."
The shooting occurred on April 8. According to authorities, A.S. and M.S.'s son removed a loaded .22-caliber rifle from a bedroom of the family home in Toms River. The boy carried the rifle outside and with one shot, he hit B.H. in the head. B.H. was taken to the Jersey Shore University Medical Center in Neptune. He was declared dead the following day.
Parsons said, "Clearly, the (H.'s) would rather turn back time and have their son back, but sadly that's not possible. The (H.) family has a right to see those responsible for (B.H.'s) death held accountable not only in the criminal court, but in a civil court as well."
On May 13 A.S., 33, was arrested and charged with child endangerment: five counts of second-degree endangering the welfare of a child, one third-degree count of endangering the welfare of a child, and a disorderly person's charge of enabling access by minors to a loaded firearm.
Besides the rifle, police officers also found a Stevens 12-gauge shotgun, two Harrington & Richardson shotguns and a Remington 12-gauge shotgun – all unsecured and in close proximity to A.S.'s three young children aged 12, 8 and 4.
Parson added, "Our hope is that through the civil suit, along with the pending criminal matter, the full measure of justice will be dealt for those responsible for (B.H.'s) death. Again, none of this is going to bring (B.H.) back, but that doesn't mean we should turn our backs on those parties who need to be brought to justice for their actions."
Having a family member killed at a young age, or any age, due to the negligence of another party is a reason to file a wrongful death lawsuit. Contact a personal injury lawyer to discuss your case and seek closure.