
http://www.dallasnews.com/sharedcontent ... a31c3.html
Don't even know where to start on this one...
Moderator: carlson1
Yeah, but us gun folks are just as bad. Just let someone call such an "accidental shooting" , and someone will start screaming "Negligent Discharge!".Doug.38PR wrote:It's interesting that whenever someone has an accident with a household appliance, a car, a propane tank, an electric lamp, a kitchen knife, a pair of siccors, a radio near a bathtub, or some other potentially dangerous item it is simply an accident that can happen to anybody or it is some fool not thinking about what they are doing. (which happens far more often than accidents involving guns) However, if somebody has an accident with a gun...then it makes headlines and demands that legislation be passed to control these dangerous items.
Yep. As well they should.Liberty wrote:Yeah, but us gun folks are just as bad. Just let someone call such an "accidental shooting" , and someone will start screaming "Negligent Discharge!".
Doug.38PR wrote:But to insist that it is a "negligent discharge" is to imply that it's somebody's fault and they hence need to be sued, charged or banned(or the instrument they used needs to be banned). The fact is that accidents do happen in life. Sometimes somebody is to blame, sometimes they are not. We are only human. An accidental discharge is a valid statement. An accident is an action that took place which had unintended results or consequences.
I can see understand both of your positions, but I don't think that it's that plain and simple. Since the guy shot himself, it was an accident. Since he can't sue himself, it wasn't negligent.Skippr wrote:Any time someone touches a gun, he may have an accident that causes it to fire unintentionally, but the action that caused the discharge is the result of negligence. Plain and simple.
It is somebody's fault.Doug.38PR wrote:But to insist that it is a "negligent discharge" is to imply that it's somebody's fault...
No. They need to be more careful....and they hence need to be sued, charged or banned(or the instrument they used needs to be banned).
Can you provide us with a realistic example of a gun discharging unintentionally and no one being at fault?The fact is that accidents do happen in life. Sometimes somebody is to blame, sometimes they are not.
The key word there being "action". Someone had to take an action in order for the unintended consequences to result. Was the action in question a careless one, or a reasonable prudent one?We are only human. An accidental discharge is a valid statement. An accident is an action that took place which had unintended results or consequences.
Since when is that the definition of an accident? You can't shoot yourself intentionally? You can't shoot someone else accidentally?WildBill wrote:Since the guy shot himself, it was an accident.
"Negligence" has meaning outside of civil law. In this context it simply means carelessness. I'd call grabbing a gun and scratching your back with it pretty careless, and therefor a negligent act.Since he can't sue himself, it wasn't negligent.