Carrying at work & employer liability

[Pneumatic]

I work at a family business and we are all gun owners. However, I was having a discussion with my mother and she expressed that she doesn't want me carrying while I am on the job because if something happens they could come after the company in a civil suit. Is this the case?

If something went down and I had to use my weapon in self defense could the company be dragged into a civil suit or is that strictly a personal matter? Are there Texas laws to protect the company from being sued?

[locke_n_load]

Chapter 9 of the Texas Penal Code is for self defense and use of force.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Now keep in mind, you can be sued for just about anything. Would you rather be robbed and shot and dead or at least have a fighting chance with the possibility that you may be sued if you shot someone in defense of your life? Question for you and your mother to think about.

[Jusme]

Chapter 9 of the Texas Penal Code is for self defense and use of force.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Now keep in mind, you can be sued for just about anything. Would you rather be robbed and shot and dead or at least have a fighting chance with the possibility that you may be sued if you shot someone in defense of your life? Question for you and your mother to think about.

Liability, for the business would be the least of my concerns. You have the right to defend yourself, your business, and others. If there is no justification for criminal charges, while, as locke_n_load said, you can be sued for anything, I seriously doubt that the business would be in jeopardy, due to any civil penalties. Here in Texas, judges and juries, have a history of ruling for the justifiable actions, of those defending themselves and their property. I would post a sign on the business, welcoming LTC holders to freely enter carrying their handguns. It would definitely make criminals think twice before targeting it. JMHO

[bblhd672]

I work at a family business and we are all gun owners. However, I was having a discussion with my mother and she expressed that she doesn't want me carrying while I am on the job because if something happens they could come after the company in a civil suit. Is this the case?

If something went down and I had to use my weapon in self defense could the company be dragged into a civil suit or is that strictly a personal matter? Are there Texas laws to protect the company from being sued?

This is why you have insurance, to cover potential losses. There is no insurance to bring anyone back from the dead.

Comes down to which is more important - the business or the family members?

[Pneumatic]

Thanks for the input.

What I do requires me to drive around Dallas/Ft. Worth visiting customers in a company vehicle (I have been doing this for 24 years) so it's not as if we are sitting in a shop with customers who come in and out. I have "CCW Safe" insurance but there was still the question of civil liability on the company so I was curious about how the laws read. It's VERY hard to search for this information and I am not even sure if employer liability is addressed. I feel like I have read something about it before but it may have been some other state.

[Jusme]

Thanks for the input.

What I do requires me to drive around Dallas/Ft. Worth visiting customers in a company vehicle (I have been doing this for 24 years) so it's not as if we are sitting in a shop with customers who come in and out. I have "CCW Safe" insurance but there was still the question of civil liability on the company so I was curious about how the laws read. It's VERY hard to search for this information and I am not even sure if employer liability is addressed. I feel like I have read something about it before but it may have been some other state.

If none of your customers have 30.06 signs posted, there should be no issue. I assume you won't have to draw your gun to get them to buy from you.

Anywhere else you may be, gas station, convenience store, restaurant, etc.. If you have to use your gun in self defense, your company would, in my opinion, have no reason to be sued. IANAL, so take my opinion as the same value you paid for it.

[TreyHouston]

I work at a family business and we are all gun owners. However, I was having a discussion with my mother and she expressed that she doesn't want me carrying while I am on the job because if something happens they could come after the company in a civil suit. Is this the case?

If something went down and I had to use my weapon in self defense could the company be dragged into a civil suit or is that strictly a personal matter? Are there Texas laws to protect the company from being sued?

This is why you have insurance, to cover potential losses. There is no insurance to bring anyone back from the dead.

Comes down to which is more important - the business or the family members?

WOW! That is exactly what I was going to say! Word for word! Well said! Mic drop, time to go to work!

[Alf]

I work at a family business and we are all gun owners. However, I was having a discussion with my mother and she expressed that she doesn't want me carrying while I am on the job because if something happens they could come after the company in a civil suit. Is this the case?

Impossible to say without knowing the business structure and how you fit in. For example, if you're a partner in the family business and for some reason it's a general partnership, that could be an ambulance chaser's dream.

[Sport Coach]

Every year where I work we have to do learning modules on the computer. This year we had one on "active shooter." A couple of co-workers were asking how they were supposed to know where to "run, hide, fight" as the video suggests and if we asked our director, would he really have answers. I told them it was mostly a CYA thing so if there is an (another) incident then they could say, "Well, you should have known what to do since we required you to watch the video and told you to ask questions." BTW, this is also a business which put up a single combined 30.06/30.07 sign last year with open carry being implemented. To answer the OP, maybe the business could have everyone watch one of these useless slide shows and limit liability? I feel though, like others previously, the business would be unlikely to have any real liability for an individual having to defend him/herself.

[twomillenium]

I work at a family business and we are all gun owners. However, I was having a discussion with my mother and she expressed that she doesn't want me carrying while I am on the job because if something happens they could come after the company in a civil suit. Is this the case?

If something went down and I had to use my weapon in self defense could the company be dragged into a civil suit or is that strictly a personal matter? Are there Texas laws to protect the company from being sued?

What does your mother mean by "something"? Carrying a firearm means you are carrying for protection not to make things happen the way you think they should. Use of force or deadly force comes with certain responsibility and there are always consequence for all actions. The consequences are either good are not good (bad). There are many slow-thinkers that carry just because "they can", what they mean is "beware of me because I probably do not practice but I carry because I can."
Your mother either doesn't understand the protection that is afforded by responsible carry or she doesn't quite trust your judgement to be prudent with the responsible use of a firearm. I am sure she doesn't mean that the business is more important than the safety of her son. Maybe she is just scared of firearms and needs to have that fear turned into respect and confident knowledge.

IANAL, but the family business is probably more susceptible to liability from someone slipping and hurting themselves on the business property than a lawful use of a firearm for self defense. The odds say, keep the floor clean and clear before you worry about carrying.

Find out the real reason behind your mother's concern and work through that, just because she is your mother.

[lowdogtx]

"What I do requires me to drive around Dallas/Ft. Worth visiting customers in a company vehicle (I have been doing this for 24 years) so it's not as if we are sitting in a shop with customers who come in and out. I have "CCW Safe" insurance but there was still the question of civil liability on the company so I was curious about how the laws read. It's VERY hard to search for this information and I am not even sure if employer liability is addressed. I feel like I have read something about it before but it may have been some other state."

Just wondering did you ask "CCW Safe" for input ?

[bigtek]

I think having no policy pro or con about a legal activity would have the least liability.

[TreyHouston]

"What I do requires me to drive around Dallas/Ft. Worth visiting customers in a company vehicle (I have been doing this for 24 years) so it's not as if we are sitting in a shop with customers who come in and out. I have "CCW Safe" insurance but there was still the question of civil liability on the company so I was curious about how the laws read. It's VERY hard to search for this information and I am not even sure if employer liability is addressed. I feel like I have read something about it before but it may have been some other state."

Just wondering did you ask "CCW Safe" for input ?

I would thing a civil lawsuit would be more likely to occur due to a vehicle accident than self defense. Anytime a company vehicle is involved, people get VERY greedy

[Liberty]

"What I do requires me to drive around Dallas/Ft. Worth visiting customers in a company vehicle (I have been doing this for 24 years) so it's not as if we are sitting in a shop with customers who come in and out. I have "CCW Safe" insurance but there was still the question of civil liability on the company so I was curious about how the laws read. It's VERY hard to search for this information and I am not even sure if employer liability is addressed. I feel like I have read something about it before but it may have been some other state."

Just wondering did you ask "CCW Safe" for input ?

I would thing a civil lawsuit would be more likely to occur due to a vehicle accident than self defense. Anytime a company vehicle is involved, people get VERY greedy

This is why companys have Umbrella policies, Amultimillion dollar policy is probably cheaper than the "CCW safe" insurance. and is more inclusive.