A tragic case is unfolding north of Gallatin County up in Great Falls. A wrongful death action is now pending, an outgrowth of an incident that never should have happened in the first place. A 10-year-old boy was shot and killed by an 11-year-old in March, using his father's rifle and ammunition. The accused boy recently pled true to the allegation of negligent homicide, which occurred at the Aspen Village apartments where the father was a tenant and also a maintenance worker.
The dead boy's parents have sued the shooter's father, the apartment complex and the property management company for wrongful death. They claim that the now-convicted 11-year-old threatened other tenants, a fact the defendants knew or should have known. Further, the parents claim the father repeatedly left his son home alone with access to the weapons. While further details of the lawsuit were not immediately available, the parent's attorney said that they believed negligence was involved and that was the reason for bringing the lawsuit.
A wrongful death in Montana occurs when someone dies due to the negligent or intentional act of another. In this lawsuit, the parents are seeking to hold the defendants accountable for their negligence, which the parents claim caused or contributed to the fatal shooting. In or near Gallatin County, anyone who believes a loved one died due the negligence of another would be wise to confer with an attorney experienced in the prosecution of these types of claims. The lawyer can offer some solace as well as seek to hold wrongdoers fully accountable for a truly senseless and irresponsible tragedy.
Source: 3KRTV, "Lawsuit filed over shooting death of Great Falls child," Nov. 9, 2011