Survivors of a mass shooting have filed a lawsuit against Walmart - Page 2
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Thread: Survivors of a mass shooting have filed a lawsuit against Walmart

  1. #11
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    Was there anything stopping those that were shot in Walmart from protecting themselves?
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  2. #12
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    Quote Originally Posted by BigBlue View Post
    Was there anything stopping those that were shot in Walmart from protecting themselves?
    Some customers were allegedly from Mexico and shopping there that day. As far as the others, it depends. Based on the interviews of a few people who are either LEO's or have the legal ability to carry concealed, they said they didn't carry that day because "they were just going to Walmart" and didn't think they would need it, maybe complacency.
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    Quote Originally Posted by pegasus View Post
    they said they didn't carry that day because "they were just going to Walmart" and didn't think they would need it, maybe complacency.
    That's crazy. You never know when you're going to need your firearm. Additionally, if someone chooses when they carry (going to the bad part of town, for example), and they have to use it, it could be argued against them that if they brought their firearm because "they thought they might need it", that maybe they shouldn't have gone there. On the other hand, if you ALWAYS carry, that can't be used against you, and you're prepared all the time.
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    Opp's , this fails right out of the gate. Walmart doesn't stop you from your A2 rights. You should have armed yourself. These sheep are inbred stupid. Where in the constitution does it say " you have the right to police protection"?
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    I'm no lawyer but from what I've gathered from past like cases, there are no legitimate grounds for a lawsuit here for two basic reasons....

    To my knowledge,....
    1) There is no law at any gov't level requiring walmart to provide either armed or unarmed security for its patrons.

    2) Walmart has never under its own policies, provided armed or unarmed security for its patrons at this store or any others.

    Even when not legally required, if a person or business previously provided a service of their/its own accord, they can sometimes be held liable for ending it or for its failure to perform "as could reasonably be expected" by those it serves/formerly served. As I recall, few if any of those lawsuits were won by the initiators but some did go to court. If walmart had previously provided armed security at this particular store and had ended it shortly before the shooting, they might have a shot at making some kind of case here.

    The most recent case I can recall, was about a man who wanted to eliminate a bridge he'd had on his private property for years. He didn't use it and it was in need of expensive repairs so the economically feasible thing to do was to just tear it out. Locals sued as they had used the bridge for years and its loss would create a hardship for the community. It's kinda' like a squatter's rights argument but it can be asserted under certain circumstances, apparently some sort of "in the public domain" or right-of-way thing. IIRC, the owner was ordered to keep and maintain the bridge but only for a couple more years......as an adjustment period or something.

    I believer there was also a somewhat recent incident involving a car wash located next to a housing development. The car wash had armed security for years but either ended the security or closed altogether. Either way, the residents of the housing development sued to force them to continue providing security at the car wash. Their contention was that their security's presence had provided a deterrent to crime in the HD, as a few homes there were burglarized almost immediately after the security ended.
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    kschilk, those examples sound like people saying "it's everyone's responsibility but my own".
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    I was packing while in Walmart just today. Had a Kahr .40 in my waistband and a Pico 380 in my back pocket. Never once was I worried that there was no armed security at the door.
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    Lawyers.

    “Sure, it sucks that your husband is dead, and you’re really broken up. But if you let me sue and we win, you can have a beach house and two Mercedes. That would be nice too, wouldn’t it?”
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    "...not asking for monetary compensation...".

    Those attorneys are doing this pro-bono because they see it as their civic duty? It could happen, right after pigs fly.

    The story doesn't mention the venue. Hope it's in Texas, where it should get the adjudication it deserves. Depending on how many Californios have infiltrated that particular court circuit.
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  11. #20
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    So much to say about this, but how many ways can you define "stupidity"...............
    kschilk and 230JHP like this.
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