After State Trooper John Bergeron accidentally shot his neighbor, a hunter’s advocacy group is calling for his head, well, at least the head in his picture on his hunting license, reports the Boston Globe.
The Sportsmen’s Alliance sent a letter to various police departments around the state, telling them that the incident had cast a negative light on all hunters. The Sportsmen’s Alliance wants Bergeron charged under a law that says, “”A person shall not use any firearm, bow and arrow or other weapon or article in a careless or negligent manner so as to cause bodily injury or death to another while engaged in hunting or target shooting.”
The Sportsmen's Alliance is concerned that by not charging John Bergeron for accidentally shooting a neighbor, the police are behaving in a questionable manner.
The other interesting issue worth inquiring about in this case is whether the victim of the alleged shooting, the Harry Whittington to John Bergeron's Cheney, has prepared a lawsuit against Bergeron.
When someone accidentally shoots you, a possible cause of action based on a negligence theory might allow you to take the matter to court.
In order to prevail on a negligence claim, the plaintiff has to prove several things. First, the plaintiff (person claiming injuries) will have to show that the defendant had a duty to act in a certain manner towards the injured person. The general rule is that an individual has a duty towards all persons, at all times, to exercise reasonable care for the person's physical safety and property.
Next, a successful plaintiff must prove that the defendant failed to act in a reasonable manner.
Lastly, the plaintiff must show that he or she suffered actual damages or harm as a result of the unreasonable behavior.
With all the qualified Boston personal injury attorneys in the area, it shouldn't be long before Bergeron's victim raises his head again. This time, in court.
Related Resources:
- Find a Boston Personal Injury attorney (FindLaw)
- Negligence: Background (FindLaw)
- Proving Fault: What is Negligence? (FindLaw)
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