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OHIO COURT SAYS VICTIMS CAN SUE GUN SHOWS AFTER FIREARM THEFT
Wall Street Journal
February 17, 1994Gun show promoters can be sued by shooting victims if the firearms involved were stolen because of poor security, an Ohio state appeal court has ruled.
The decision, handled down earlier this week, is the latest in as series of court ruling stressing gun merchants' responsibility to ensure that firearms don't fall into the wrong hands.
More significantly, said gun control legal experts, the reasoning in the decision could be applied to gun stores and even private individuals, requiring them to take stronger security measures against gun theft of face lawsuits from shooting victims.
To may knowledge this is first court decision to impose a duty on gun sellers to use adequate security to prevent theft," said Dennis Henigan, director of legal action project at Center to Prevent Handgun Violence, a Washington, D.C. advocacy group. " The important principle to recognize here is the that gun dealers and gun owners can no longer disclaim responsibility for violence because someone else pulled the triggerÖ They may well be held accountable."
The case involved four teenagers who attended a gun show in the Canton, Ohio, civic Center in January 1992. The boys stole four handguns and bought a box of high-powered bullets. In describing the thefts later, one of the youths said the guns were" just laying around" and we "just picked them up and walked away with them"
According to he opinion by the Ohio Fifth District Court in Canton the boys stole a car the next day and went on a jy ride that culminated with the shooting of two men, leaving one paralyzed from the waist down. Both men sued the show's promoter, Niles Gun Show Inc. in Niles, Ohio, for negligence and willful and wanton misconduct.
Ohio law holds that business owners cannot be sued over criminal acts committed on their property by third parties, according to James F. Matthews, an attorney for Niles Gun. He noted that crime isn't considered to be a foreseeable act in Ohio, and that in this case the shooting didn't even occur on his client's premises.
While the three-member appeal panel did not explicitly overturn the law, it chipped away at it by finding that a jury should be allowed to decide whether Niles Gun is Liable. "In view of today's society, reasonable minds certainly could conclude that unsecured firearms present an attractive if not irresistible lure to children," the appeals court wrote. The decision, which also exposes Niles Gun to Potential punitive damages, overturned a lower court ruling dismissing the case.
Ralph F Dublikar, another attorney for Niles Gun, said the decision ignores "a large body of Ohio law" and would be appealed to the state's high court. The National Rifle Association and other gun groups are monitoring the case, he added.
An NRA spokesman declined comment, saying the organization hadn't yet seen the decision. Another gun organizations reacted favorably to the ruling, however. People do have a duty of care: the question is what is reasonable, said Richard Feldman, executive director of the American Shooting Sports Council, an industry group in Atlanta. " I don't see it as being any different from leaving keys in your car with the motor running in a school yard. One isn't taking reasonable precautions under that set of circumstances."
Gun shows are extremely popular in the Untied States, but difficult to police, said Mr. Henigan, of the Center to Prevent Handgun Violence. In its decision, the appeals court cited strong criticism from Kentucky gun show promoter Bill Goodman. In a sworn statement, Mr. Goodman maintained that at his shows he has security guards make sure minors aren't admitted without adults and that guns are either tied down or secured in display cases,
Allen Schulman, Jr. who represented the plaintiffs in the case, said the ruling reflects a growing willingness by courts to hold gun dealers responsible for ensuring that minors, convicted felons and fugitives can't get guns.
(Pavilides vs Niles Gun Show Inc., Court of Appeals, Canton, Ohio, CA 9443)
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