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Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Sun Jul 30, 2017 4:34 pm
by treadlightly
1911 10MM wrote:Alcohol in excess and guns don't mix.
Some people shouldn't have guns, some people shouldn't have access to alcohol for similar reasons. Due process must be served, of course.
The politically correct opinion, which I've been guilty of regarding bar carry, is that alcohol has to be separated from guns.
The fact is a responsible person won't allow either to endanger the public.
Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Mon Jul 31, 2017 8:09 am
by dlh
Here is a link to the case without going through a commercial site and giving them your personal information.
You can download the opinion in .pdf format here:
http://www.search.txcourts.gov/Case.asp ... &coa=coa14
Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Mon Jul 31, 2017 9:25 am
by WildBill
Thank you for the link.
Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Mon Jul 31, 2017 5:43 pm
by dlh
WildBill wrote:
Thank you for the link.
Happy to do it! I wanted to read the case as it presented some interesting issues so I looked it up.
Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Mon Jul 31, 2017 5:55 pm
by ninjabread
treadlightly wrote:1911 10MM wrote:Alcohol in excess and guns don't mix.
Some people shouldn't have guns, some people shouldn't have access to alcohol for similar reasons. Due process must be served, of course.
The politically correct opinion, which I've been guilty of regarding bar carry, is that alcohol has to be separated from guns.
The fact is a responsible person won't allow either to endanger the public.
There is already a law that prohibits intoxicated carry (but only for LTC, not LEO or long guns) so why should 51% locations be off limits for LTC who aren't intoxicated? That's like making it illegal for bars to have parking lots.
Re: Mixing Guns and Alcohol Isn't Enough for Liability, Court Rules
Posted: Wed Aug 02, 2017 12:30 pm
by RossA
I was asked to contribute to a press release on this decision for my law firm. In essence, here is what I said:
When viewed from traditional tort law standards, this decision is not surprising. The most basic aspect of negligence law is foreseeability, and whether a reasonable person in similar circumstances should have foreseen that such an injury would occur. Texas law recognizes the important distinction between merely drinking alcohol and drinking to the point of impaired judgment.
For example, the law criminalizes driving while intoxicated, but not simply driving after drinking. Thus, the amount of alcohol consumed and the effect of the alcohol on a person are the deciding factors – not the mere fact that some alcohol was imbibed. In this case, there was apparently no evidence that anyone near the firearm showed any signs of excessive drinking and impaired judgment. Therefore, such an incident could not be reasonably foreseen by the homeowner.