January 3rd, 2013 12:28 AM
Why aren't the victims families in "Gun Free" zones bringing lawsuits?
From what I understand, there were 7 theaters featuring Batman that night, the nut case in Aurora drove past most of them to get to the one that banned conceal carry.
New town was another "Victim Zone" as was Virginia Tech.
Columbine had a single guard that was eating his lunch in the parking lot when all hell went down.
Many families have experienced tragic loss as a result of losing the ability to defend oneself or having their Children defended by armed guards, employees, staff or Teachers.
I would be as angry as Dr. Suzanna Hupp if I was forced to Not have the means to protect those I love and had to leave my weapon in the glove box.
Maybe the best way to backup the right to carry is thru civil litigation until the anti 2a's are out of business?
Just upset with what's happening with our Country guys and girls!
January 3rd, 2013 03:09 AM
In most cases there has to be a "Duty of Care" must be established in order for there to be grounds for civil relief. There are different criteria in different states and there is no particular federal law on the matter however one of the main criteria is "Was the event foreseeable" which in all these cases they were not. You cannot predict a mass shooting anymore than you could predict a bolt of lightening hitting someone.
A school or business is responsible for "generic" for the lack of a better word, safety precautions like electrical, slip hazards and so on but obviously they cannot and are not required to foresee or prepare for everything. In a discussion I had on this matter with a legal individual his version was this. Just because you live in tornado alley Walmart is not required nor responsible for maintaining a storm shelter for it's customers to go to in the event they are in the store when the tornado hits.
At Columbine many families sued the Sheriff's Office for failure to act for not going into the school immediately which the S.O. was following established SWAT protocol at the time.
There were lawsuits filed by family members against the makers of certain video games and such but I do not believe any of the lawsuits was awarded a judgement. (Someone please correct me if I am wrong).
Virginia Tech families did in fact file suits against the school for not getting the word out quick enough and many were awarded settlements. A couple of families chose not to file suit while others refused to be part of the other settlements and filed individual suits which I do not think resulted in judgements.
The bottom line is unless there is wrongdoing or a negligent act there is not a lot the victims can do. Simply posting a store, school or any other business as a gun free zone no matter how we feel is not an act of negligence nor can you predict where something like these tragic events may occur.
On June 17, 2008, Judge Theodore J. Markow approved an $11 million settlement in a suit against the state of Virginia by 24 of the 32 victims' families. Of the other eight victims, two families chose not to file claims, while two remain unresolved. The settlement also covered 18 people who were injured; their lifelong health care needs included in the settlement.
The Department of Education fined the University $55,000 on March 29, 2011, for waiting too long to notify students of the initial shootings. The fine was the highest amount that the Department of Education could levy for the two violations of the Clery Act resulting from the failure to notify students in a timely manner of the shootings in West Ambler Johnston. In announcing the fine against the University, the director of a department panel which reviewed the case was quoted as saying "While Virginia Tech's violations warrant a fine far in excess of what is currently permissible under the statute, the department's fine authority is limited". As of March 30, 2011, the University had announced its intention to appeal the decision.
On March 14, 2012, a jury found that Virginia Tech was guilty of negligence for delaying a campus warning. The parents of two students who were killed filed a wrongful death civil lawsuit that argued that lives could have been spared if school officials had moved more quickly to alert the campus after the first two victims were shot in a dorm.
"A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013
January 3rd, 2013 03:41 AM
Not to be smug, but this is not a cost of the lost small mom & pop that I ever counted given that the m&p's are probably old town construct (I'm not an architect) having weathered many years. But the big boxes are tornado magnets with the new urban landscape and flimsy architecture. We need to count the storm-buried casualties of Old Town vs New Town (no pun intended). Until then, at least WalMart sponsors the Wally Walk.
Originally Posted by tacman605
Americans understood the right of self-preservation as permitting a citizen to repel force by force
when the intervention of society... may be too late to prevent an injury.
-Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)
January 3rd, 2013 07:45 AM
I'm not a lawyer by any means but I would think you would have to prove that if it wasn't a gun free zone the event (more likely than not) would have been averted. So you would have to prove that if it were not a gun free zone someone would have had a gun and then you would have to prove that person would have more likely than not been able to stop the threat. Pretty tough to prove all that.
-It is a seriously scary thought that there are subsets of American society that think being intellectual is a BAD thing...
January 3rd, 2013 07:52 AM
Would be less time and effort for the weasel lawyers to chase the money from some other source.
January 3rd, 2013 08:10 AM
Actually in the Aurora Theater case, some of the families have filed suit against Cinamark Theaters for lack of security.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
NRA Life Member
January 3rd, 2013 08:15 AM
Winning a lawsuit based on failure to prevent a crime is usually an uphill battle. It can be won, but you would need a history of prior incidents, knowledge of he danger on the part of the premises owner, etc.
I'd rather be lucky than good any day
There's nothing that will change someone's moral outlook quicker than cash in large sums.
Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.
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