Texas-Book-Gun Law Armed And Educated - Flipbook - Page 409
4) the person with the gun was negligent; and
5) the person’s negligence proximately caused the incident and the
plaintiff’s injuries.
The courts that have recognized the claim of Negligent Entrustment
of a Firearm use the elements of Negligent Entrustment of an
Automobile as well as the Restatement Second of Torts Section
390. The Restatement Second of Torts states “A person who gives
a chattel to another, knowing the other person, due to youth,
inexperience, or other factors, is likely to use the chattel in a manner
involving unreasonable risk of harm to himself or others, may be
held liable for harm caused by the use of the chattel.” There are
only a few courts that have actually upheld this claim. This type of
tort was created entirely by case law, and does not exist in a statute,
and does not apply to the sale of a firearm. See Prather v. Brandt,
981 S.W.2d 801 (Tex. App. 1998); In re Academy, Ltd., ___ S.W.3d
___ (Tex. June 25, 2021) (No. 19-0497).
EXAMPLE:
Stephen lets his adult grandson Gene borrow a shotgun to take
on a fishing trip because he knows there are water moccasins in
the spot where they plan to fish. Gene has never been in trouble
with the law, has repeatedly been trained in firearms safety, and
has never had an incident with a gun. However, while on the trip,
Gene accidentally shoots a fellow fishing buddy with Stephen’s
shotgun. The fishing buddy, now turned plaintiff, sues Gene for
negligence and Stephen for negligent entrustment of a firearm.
Can the plaintiff win his claim for negligent entrustment? Probably
not. Stephen might get sued for giving the shotgun to his grandson,
but the facts described do not meet the elements necessary to
398 | CHAPTER SIXTEEN
