Texas-Book-Gun Law Armed And Educated - Flipbook - Page 416
foreseeable consequence of negligently discharging a firearm and,
therefore, was not proximately caused by the act of negligence.
In that case, there will be no recovery for the plaintiff, Catherine.
Proximate cause must be established in every case and may appear
to be arbitrary legal-line drawing, because it is.
As discussed later in this Chapter, Texas law also recognizes a
doctrine that unforeseen criminal conduct breaks the causal link
between an action and a third party’s injuries.
B. What types of damages can a plaintiff recover?
The following is merely a brief snapshot of the types of damages
recoverable in a firearms case. To recover any of the damages
below, the plaintiff must first prove one of the claims above by a
preponderance of the evidence. For example, if the jury determines
a defendant was not negligent, a plaintiff cannot recover his or her
medical costs, no matter how severe the plaintiff’s injuries. Some
of the damages a plaintiff can try to recover include:
• Lost wages;
• Medical costs;
• Disability;
• Pain and suffering (physical, mental, and emotional);
• Funeral and burial costs;
• Disfigurement;
• Loss of companionship;
• Loss of household services;
• Lost future wages;
• Past and future mental anguish;
• Loss of inheritance;
• Future medical costs; and
•Punitive or exemplary damages (Note: the standard of proof
for punitive/exemplary damages is “clear and convincing
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