(08-06-2019 03:32 PM)Rice93 Wrote: (08-06-2019 02:33 PM)tanqtonic Wrote: (08-06-2019 02:08 PM)Rice93 Wrote: (08-06-2019 02:01 PM)Tomball Owl Wrote: (08-06-2019 01:55 PM)RiceLad15 Wrote: I believe the Dayton shooting happened in a popular going out area, at night, where bouncers and cops were numerous.
So I wouldn't use the response times to compare the quality of the two departments given the circumstances of places/times.
And Walmart in El Paso on tax-free day was obviously a "popular going out area" where security and cops should have been present and numerous.
Wow. That seems pretty problematic. I wonder if Walmart will be subject to any lawsuits for what seems like incredibly inadequate (? zero) security.
I dont think there is any question over suits -- anyone can sue anyone else for anything.
The issue is whether Walmart is liable. Do you think they were negligent in not having armed security? If so, what size of company is 'required' to provide armed security? In your mind, is, say, an establishment the size of a Luby's cafeteria required to have armed security?
Sorry I dont think the answer to that is so cut and dried as you might make it out to be at first blush.
Cut and dried? I was openly wondering if this was going to be an issue. Per my tone I would have thought it clear that I DON'T KNOW what the standard is for providing security.
Fair enough. I keyed off the "what seems like incredibly inadequate" --- even with the (?) you still state that in your mind it "seems ... incredibly inadequate" and it seemed that you are looking for justification for that preliminary stance.
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Here is the outline for liability:
1. Does Walmart have a duty to its customers to provide for their safety against lone-wolf deranged gunmen?
2. Did Walmart breach their duty, or did they exercise reasonable care in that duty?
3. Is the breach of that duty a 'but for' reason the lone deranged gunman stormed the store?
4. Is it reasonably foreseeable to Walmart that a lone wolf deranged gunman would storm a store? That store?
Given the paucity of lone wold deranged gunmen assaulting large stores, then 1) may not exist. If that duty existed, would one armed guard been sufficient to stop the invasion? If not, then 3) fails.
The strongest one is 4); to my knowledge such attacks have taken place at ICE offices, Republican baseball practices, schools, and nightclubs. I think it is reasonably foreseeable for any owner of a night club over 200 guests that such an event could take place. Perhaps not for a retail superstore prior to the this event.
One cannot argue that going forward, 4) will exist for big box store owners. But that is an after the fact determination. Negligence is based on an 'at the time' standard, so to speak.
But the rule of Monty Python should be adhered to: "No one *expects* the Spanish Inquisition"