Texas-Book-Gun Law Armed And Educated - Flipbook - Page 421
liability. However, the actor’s negligence will not be excused
where the criminal conduct is a foreseeable result of the actor’s
negligence. Byrd v. Woodruff, 891 S.W.2d 689 (Tex. App.—Dallas
1994); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546 (Tex. 1985).
EXAMPLE:
Jonathan allows his nephew Andrew to use his handgun for
protection. Jonathan knows Andrew has been in trouble with the
law repeatedly and has been accused of armed robbery. While
Andrew has the handgun, his apartment is burglarized, and the
gun is stolen and used in a crime spree. During the crime spree,
Melanie is shot and injured.
Melanie would not be able to recover from Jonathan, even though
he may have been negligent in giving his gun to Andrew, because
the criminal act of burglarizing Andrew’s apartment and subsequent
crime spree were superseding causes that broke the link between
Jonathan’s actions and the resulting injuries.
F. Contributory negligence/proportionate responsibility
Texas has a doctrine called proportionate responsibility. If this defense
is applicable and properly raised, either the judge or the jury will be
asked to determine the percentage of fault or responsibility of the
parties involved in the incident. The damages are then apportioned
based upon the percentages assigned by the judge or jury. Kroger Co.
v. Keng, 23 S.W.3d 347 (Tex. 2000).
EXAMPLE:
Ronny is a young adult trick-or-treater. He uses a fake gun as a
part of his costume and knocks loudly on Carol’s door at 11:30
p.m. on October 31. Carol, having forgotten about Halloween, is
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