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‘Who builds a ballpark next to a gun range?’: Coach injured by gunfire that crossed into baseball diamond
(www.independent.co.uk)
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And that’s basically it!
If you fire a gun, you are 100% responsible for the bullet, full stop.
Not if you are a MAGA, where have you been? There are no consequences for MAGAs.
What if you're at a paid indoor range and your bullet goes through the back stop wall because the range cheaped out?
If you’re moving the goalposts there, just move the lawsuit right over to the range.
The difference is whether the shooter paid sufficient care and those are clear opposites
Really? That's how you choose to debate? By inventing unrealistic scenarios that have likely never occured, or ever will occur? Wouldn't an indoor firing range have regulations and code requirements that would keep a bullet from going through a wall and hitting someone outside?
That's like wondering if the rule would apply if an alien spaceship fired a space laser, and deflected the bullet to hit someone, would the shooter still be responsible?
No, Skippy, in that case, probably not. You got me there, I guess you win the entire argument that ALL gun users are taught they they are 100% responsible for the path of their bullet.
That's not what happened here, though, is it.
Never implied it was.
I said 100% and I meant 100%.
It's literally the (tort) law. I don't think the armchair lawyers here understand anything
If you're defending\agreeing with Triumph, I don't think you understand tort law.
Literally just had a case in my Tort Law class about this very thing. I think you don't know anything at all.
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.
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.
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.
A question was asked. I answered it. Please indicate where I was "unwilling[] to reason".
..... The part where a shooter is always 100% responsible for the bullet.
That's because that's true.
In the case of a commercially operated gun range, a negligently designed back stop could put the liability on the owner/operator of the gun range or the contractor that installed the back stop rather than the shooter. Because, whose ass do we want raped here?
The crime there is saying "this is a safe place to shoot."
Lemmy is full of people with cult-like fanatical hatred of guns and/or cars. I feel like I could give this example: Imagine someone builds a parking garage out of substandard concrete above a Kindergarten. A law abiding driver, in an attempt to park their vehicle legally, parks his car in this garage. It then falls through the weak floor and crushes three children in the kindergarten below. Who's liable? On Lemmy, they'll blame the driver becaus--in their religion--buying a gallon of gasoline makes one guilty of all sins and crimes, and the actual negligence of the contractor that built the parking garage is absolved.
You anti-gun and anti-car people need to stop and ask yourselves, "Are we raping the right ass in this situation?"
I'm carrying right now. If you pull the trigger, you are responsible for the bullet.
In the vast majority of cases, yeah. Only a Sith deals in absolutes, very few rules have no exceptions. A commercial shooting range with a negligently designed back stop gets to bear some or all of that liability in the case the backstop was presented to shooters as safe when it wasn't."
"Know your target, what is in front of, behind, below above and do the side of your target." Okay, at what point have you satisfied this rule?
Does every shooter personally inspect every backstop at every range every time? Or do you trust that the back stop is safe because it's a shooting range? Do you need to do non-destructive testing such as eddy current analysis or X-rays between every shot to make sure the backstop is still capable of stopping each round or is "It's a ten foot thick wall of dirt" good enough?
I can see a case where a negligent range owner convinces shooters their range is safe when it isn't, in which case I'd have to ask "Would a reasonable person going to shoot at that range be able to tell the range wasn't safe?" If the answer to that question is no, that the operator of the range made it look safe when it isn't, I'm not convicting the shooter, I'm convicting the range operator.
IN ANY CASE it doesn't seem that's what happened here, because the range in question seems to point in pretty much the opposite direction from the ball park. I can't see a scenario where he who pulled the trigger isn't guilty of something.
Especially if the bullet doesn't full stop into the target or a barrier behind it.
@LyD@lemmy.ca points out that the barrier had nothing to do with it.
1oo% true. and yet… who would build a a base ball park right next to a gun range?! not saying they are at fault, but like …really? there must be something i don’t know, like was it an indoor range?
Americans continuing to blame the kids who are being shot at, or absolutely anyone who had anything to do with it EXCEPT the gun nuts, tick, I had that on my bingo card for this thread.
um no? i don’t think kids are choosing the locations of shooting ranges nor baseball dimonds… is that why people are down voting? because they took my issue of building locations as if the children are at fault? crazy
These schools are letting woke kids walk in front of bullets.
The outdoor range points away from the baseball field.
i mean ok, i get it. but OOF. i see also that the shooting wasn’t even at the gun range. still seems like a weird place to constantly hear gun fire during your kids little league game
Far west of Houston? All those kids are used to guns already.
Which one was built first?