TexasCHLforum.com

drjoker wrote:For the same reason that we don't need more laws regulating guns because we only need to enforce the existing laws, the same principle is at play here. Even if you were injured as a result of a ban guns sign, you'd still have to prove it in a court of law. Wait! There already are laws on the books stating that if a business is provably the cause of an injury on said business premises, they'd be held financially liable! No need for this law and no need for hipocrisy when it comes to our claim that no new gun ban laws are needed because we only need to enforce current laws. IANAL.

I agree that a lawsuit should succeed under current laws. And I really wish that a few would get filed (don't wish for anyone to get hurt, just that those who are hurt would file suit). To be clear, I am not saying that the business owner should be held 100% liable for the injury, just that they should be held at least partially responsible since they actively created the dangerous situation.

Yes, I could have stayed home and avoided the situation. But that does not mean that the business owner can do anything they want to endanger their customers with impunity. If it did, then 90% of all personal injury lawsuits against business owners would be thrown out automatically.

Winchster wrote:Whatever happened to taking personal responsibility for one's choices? Nobody forces us to do business with places that are posted. I mean why not open it up and let us sue everybody involved from the gun manufacturer on down to the gas station that provided the gas for the car the bad guy drove to the store in?

If a business owner does something that makes it more likely you will suffer harm and then invites you to come on in, without taking any precautions to mitigate the dangerous situation they created, then you can sue them. That applies to all manner of situations and is not limited to just this case. For example, if I decide to clean my tile floors with an extra slippery wax, 5 minutes before I open for the day, then the person who slips and splits their head open may sue me. Just like my posting a sign that my business and customers are easy pickings for criminals and then not bothering to provide sufficient security. In both cases, the customer could have just stayed home, but they should still be able to sue me when my stupidity and lack of regard for the safety of my customers contributes to their death or injury.

This is one of several "common sense gun laws" that we need to push for. Another one is Nation wide reciprocity. If Texas has to recognize the validity of CA drivers licenses and NYC marriage certificates, then why wouldn't those places need to recognize the validity of a Texas LTC? This is, fundamentally, a civil rights issue. I'm sure Obama's AG just hasn't had a chance to get the lawsuit filed yet.