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by thatguy
Sun Jan 12, 2014 8:05 pm
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17977

Re: AD's don't just happen

HKMike wrote:I'm confident that everyone on this board does their absolute best to ensure an unintended discharge never happens. However, the difference between unintended, accidental, and negligent are degrees of carelessness I suppose. We do our part to ensure that it never happens, but being human does figure into the equation. To say accidents happen does not mean they have to happen. So, we all do what we can to limit the probability of an accident.
I would agree.

My googlefoo at work..." The law recognizes three degrees of negligence: (1) ordinary or simple, (2) gross, and (3) willful, wanton, and reckless."

We have safety violations in IDPA for example, that result in a verbal warning or other safety violations that result in being DQ'ed quantifying that we recognize "levels" of safety violations, in other words we are only human.

We call them traffic "accidents" but I would estimate that most are a degree of negligence, talking on the phone, texting, eating, drinking, speeding, beating the light etc... Some of us on this forum (including myself) are guilty of said infractions.
by thatguy
Sun Jan 12, 2014 11:54 am
Forum: General Texas CHL Discussion
Topic: AD's don't just happen
Replies: 75
Views: 17977

Re: AD's don't just happen

Charles L. Cotton wrote:For quite some time now, there have been a growing number of gun owners that take the position that there's no such thing as an "accidental discharge." In their opinion, any unintended discharge of a firearm is a "negligent discharge." I strongly disagree, but that's not the point of my post.

Even though the Texas reasonable person standard for negligence will not hold that every single unintended discharge of a firearm is the result of negligence, Texas law allows anyone to set a higher standard for themselves. If they do so, then they will be held to that standard in a court of law. So remember, anyone who states in a post, in a conversation, or in any other setting, that every unintended discharge of a firearm is the result of negligence, then they will be held to that standard when they experience such a discharge. In short, you are creating a strict liability situation for yourself and you will be held liable for personal injury, death, or property damage. Good luck!

Chas.
I'd better have a real good attorney then...

I have caused a negligent discharge on two separate occasions, both occurred in my 20's. It's my life's mission not to have another but it CAN happen so I remain vigilant.

I believe we are not saying they can't happen but more they are unacceptable when they do.

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