Texas-Book-Gun Law Armed And Educated - Flipbook - Page 408
Caitlyn might be liable for negligence if a jury determines, for
example, that a reasonably prudent person would have acted
differently, tested the range of her guns, or built a different type
of backstop or berm, etc. However, Caitlyn was not subjectively
aware of an extreme degree of risk, so there would be no evidence
of gross negligence. However, change Caitlyn’s awareness and it
changes the result.
EXAMPLE:
Caitlyn has received several complaints over the years about
bullets leaving her property and hitting her neighbor’s property.
Nevertheless, she ignores the complaints and continues shooting
in the same direction. One day while practicing, her bullet leaves
her property and hits her neighbor. Caitlyn is later sued by the
neighbor for gross negligence.
In this example, Caitlyn may very well be liable for gross negligence
because she was subjectively aware that her shots were reaching
the neighbor’s property and that there were people in the same area
(i.e., the folks who reported the shots). Despite that knowledge,
she continued to shoot without changing direction or building a
backstop or berm, and someone was injured as a result.
2. Negligent entrustment of a firearm
Some Texas Courts recognize a claim for entrusting (e.g., giving,
lending, transferring) a firearm to another person. To prove that a
person or entity negligently entrusted a firearm, the plaintiff must
show that:
1) the owner entrusted the gun;
2) to a person who was incompetent or reckless;
3) whom the owner knew or should have known was incompetent
or reckless;
I’m Being Sued For What? | 397
