It's possible to assign some blame to both the shooter and the shot. (The father, not the 5 year old.)
For a parallel, if I decide to SCUBA dive from a boat, I'm supposed to display a flag, to warn other boaters that I might surface at any time, somewhere near the boat.
If I don't, and a boat driver hits me, should he have seen me? Probably. If I'm near my own boat, should he be operating at a safe speed, since he also must be near my boat? Yes.
But did I follow a normal step to warn him of my presence? No.
Seems to me this case is similar, but with hunters and guns.
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