Gun-maker to pay $600K in death lawsuit

[bilboben]

Probably should be a different thread, but I can see a similiar trend in the discussion.

JB,

As a lawer, if you got someone cleared from a legal issue, for which you knew they were guilty; would you be liable for damages if they turned around and did the same thing again and caused much pain and suffering to other individuals? Could your law business be brought into this and would you ever think about settling out of court?

 

[JB Books]

Probably should be a different thread, but I can see a similiar trend in the discussion.

JB,

As a lawer, if you got someone cleared from a legal issue, for which you knew they were guilty; would you be liable for damages if they turned around and did the same thing again and caused much pain and suffering to other individuals? Could your law business be brought into this and would you ever think about settling out of court?

No and No. In the scenario you described, I'd make it very expensive and difficult to pursue the claim and keep them busy responding to motions. But as a matter of law, I don't tjink there is a cause of actiojn in your scenario.

The fact is anyone can sue for anything and frankly people can abuse the process, but I don't think that is the case here. Based on the the quick glance I gave this, I'd think they are liable.

And just FYI, if I knew someone was guilty, I'd withdraw. I have had car wreck clients who I learned were not truthful and I drop them like hot rocks. I have tons of business and my reputation is woth more than whatever pay day I could get by cheating or helping someone cheat.

 

[bilboben]

I agree with you in the Kahr Arms situation, because they did not perform a simple background check.

I just asking where cost effectiveness comes into th picture. As a lawyer, you have much more where-with-all to pursue legal issue, but at some point I would think that a time comes to cut your losses and put the thing behind you. I was just asking where that point is?

 

[JB Books]

I'd be much more likely to counterclaim and go after whoever was coming after me. Of course, if I legitimately dropped the ball, I'd bust butt to make it right.

 

[copertop80]

WHAT A CROCK OF BULL CRAP, I'm alittle hacked at Kahr for not standing up and fighting. If I were they, I'd fight this load of marlarkiee till I drew my last breath. HOWEVER I don't live in the peoples republic of MA and I am sure that was a huge factor in their decission.

 

[LightningCrash]

So this is one more reason not to hire a felon.

Pretty much every American has committed a felony, so this means you can't hire anyone!

 

[Biggsly]

Pretty much every American has committed a felony, so this means you can't hire anyone!

When we had our restaurant, we ran back ground checks. I got talked into a program that helps parolees with a job skill, and the state takes half of what they earn to pay their restitution. Both of them ripped us off. I let the DOC know that we were done. By the time most of them have a felony record, they have been caught and slapped on the wrist many times. I don't have a felony record and would bet that most OSA members do not.

 

[SoonerTactical]

If it's illegal for a person to purchase a firearm through retail channels, is it unreasonable to expect that a firearms manufacturer be held liable when proper background checks were NOT followed? I don't like government intervention any more than anyone else, but this doesn't seem like a defeat for anyone other than Kahr's HR department for not doing proper background checks.

 

[Edgar Derby]

They are guilty! They should have done a simple background check, a simple drug test, a simple psych eva and cognitive exam, a simple personality assessment, a simple aptitude test...

 

[Biggsly]

If it's illegal for a person to purchase a firearm through retail channels, is it unreasonable to expect that a firearms manufacturer be held liable when proper background checks were NOT followed? I don't like government intervention any more than anyone else, but this doesn't seem like a defeat for anyone other than Kahr's HR department for not doing proper background checks.

I agree with you. I am one of those guys who still think that if you invest the money to open a business, no one should tell you who you "Have" to hire. I just think it is funny that bass ackwards places like San Fran is trying to force people to hire felons, while at the same time they will want you to be responsible for what they do after you hire them. Kahr should have never hired this guy.