FenrirIII comments on ‘Who builds a ballpark next to a gun range?’: Coach injured by gunfire that crossed into baseball diamond

[–] FenrirIII@lemmy.world 8 points 1 year ago (3 children)

Literally just had a case in my Tort Law class about this very thing. I think you don't know anything at all.

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[–] ColeSloth@discuss.tchncs.de 1 point 1 year ago (2 children)

I know in my scenario under tort, the gun range or someone further down in the construction of the range would be found liable, and not the shooter.

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[–] grindemup@lemmy.world 3 points 1 year ago (1 child)

IANAL but isn't this issue of responsibility obviously determined based on the liability waiver that gun range attendees sign? I'd be pretty shocked if gun ranges don't include personal injury and wrongful death clauses in their liability waiver.

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[–] ColeSloth@discuss.tchncs.de 2 points 1 year ago

Tort law is all civil and liability stuff. Generally monetary compensation against a person or business at fault for things.

So if you were to pay money to use a business at a facility with a gun and ammunition they allow, and a bullet goes through the wall that the business has in place to stop your bullet, is that your fault, or the business' fault? Obviously it isn't your fault the bullet went through the thing you were supposed to be shooting at.

Also, no contracts or liability waivers can supercede negligence on the other parties fault. For instance, if you go to a rock climbing gym and sign a waiver of liability, but then their rope snaps and you break your leg, you'll still be able to sue and win easily if they weren't keeping rope safety inspection logs.

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