Author Topic: Suing for damages when injured in a CPZ.  (Read 1477 times)

SomeKid

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Suing for damages when injured in a CPZ.
« on: March 19, 2008, 08:57:21 PM »
While it is preferable to NOT be injured in the first place, and 300k is not much compensation considering the injuries, might this be a good way to get places to allow concealed carry? (The idea will likely be more effective in the private sector, where there is not an ample supply of tax payer dollars.)

http://www.chattanoogan.com/articles/article_124210.asp

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Appeals Court Rules For Jessica Smith In Suit Against UT
posted March 19, 2008

The Tennessee Court of Appeals has ruled in favor of Jessica Smith of Hixson, who sued the University of Tennessee after she was beaten in the head with a brick on the UT campus in 2002.

A Claims Commission awarded the maximum $300,000 to Ms. Smith against the university on grounds there was inadequate lighting and security.
Click to learn more...

UT appealed the decision to court, claiming it provided adequate security and had given safety warnings to students.

Ms. Smith was returning to campus from work when she was attacked by Christopher Jesse Gann.

During an apparent attempt to steal her car, he hit her in the head with a brick, then chased her and hit her several more times.

She suffered brain damage from the attack.

So, here is what I am thinking. If we get injured in a place we cannot legally protect ourselves, would it not be a good strategy to sue using this as precedent citing lack of security to provide safety for us? After all, if we are unarmed, there is a reasonable expectation we will be safe and have safety provided by whoever runs the CPZ?

What do y'all think of suing when injured because we were forcibly disarmed and in a CPZ?

Finch

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Re: Suing for damages when injured in a CPZ.
« Reply #1 on: March 19, 2008, 10:38:48 PM »
The problem I have with it is that the damages were awarded because the school didn't do enough to protect the victim reinforcing the notion that people are not resonsible for themselves. I would have been a lot happier if the damages were awarded because they prevented her from having the means to protect herself.
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HankB

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Re: Suing for damages when injured in a CPZ.
« Reply #2 on: March 20, 2008, 03:40:30 AM »
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UT appealed the decision to court, claiming it provided adequate security and had given safety warnings to students.
Demonstrably false on its face, considering what actually happened. Moreover, a mere "warning" is unimportant, since policy prevents students from proactively taking the most effective steps possible to provide for their own safety.
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I would have been a lot happier if the damages were awarded because they prevented her from having the means to protect herself.
When policies specifically prevent persons from carrying concealed weapons - even if licensed by the state to do so - it is reasonably forseeable that the person is at increased risk. So by establishing a victim disarmament zone, the policymaking body is, in effect, assuming responsibilty for every person's safety. If any person subsequently is the victim of an attack, it is entirely reasonable to conclude the policymakers failed in their responsibility, and ought to be held accountable for their failure - including financially accountable.

Allowing people licensed by the state to carry weapons does not increase the school or businesses liability, as they are merely recognizing a license issued by the state.
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Manedwolf

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Re: Suing for damages when injured in a CPZ.
« Reply #3 on: March 20, 2008, 04:03:37 AM »
I'm sure that on a lot of campuses right now, despite the campus rules, if students have a concealed-weapon permit, well...

Concealed means concealed.

zahc

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Re: Suing for damages when injured in a CPZ.
« Reply #4 on: March 20, 2008, 05:29:59 AM »
In some states (such as the great state of TX ttbomk), it is actually quite illegal to carry in campus builldings, and that unfortunately includes research facilities, faculty, staff, and graduate students. You say 'if the student has a permit...' like it changes anything, but in some cases, it doesn't. Or it makes it worse.
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Manedwolf

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Re: Suing for damages when injured in a CPZ.
« Reply #5 on: March 20, 2008, 05:31:50 AM »
In some states (such as the great state of TX ttbomk), it is actually quite illegal to carry in campus builldings, and that unfortunately includes research facilities, faculty, staff, and graduate students. You say 'if the student has a permit...' like it changes anything, but in some cases, it doesn't. Or it makes it worse.

Concealed means concealed. Students carry backpacks.

I'm sure lots of students, right now, would rather be illegal and alive if they had to use the thing.

Werewolf

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Re: Suing for damages when injured in a CPZ.
« Reply #6 on: March 20, 2008, 09:53:26 AM »
What the heck is a CPZ?
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zahc

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Re: Suing for damages when injured in a CPZ.
« Reply #7 on: March 20, 2008, 10:48:22 AM »
In some states (such as the great state of TX ttbomk), it is actually quite illegal to carry in campus builldings, and that unfortunately includes research facilities, faculty, staff, and graduate students. You say 'if the student has a permit...' like it changes anything, but in some cases, it doesn't. Or it makes it worse.

Concealed means concealed. Students carry backpacks.

I'm sure lots of students, right now, would rather be illegal and alive if they had to use the thing.

You said 'the campus rules' and said 'if a student has a permit....' which to me carries the implication of a penalty reduction stemming from such a permit. In some places (MT, Utah, Virginia Tech) that is the dynamic in place--campus rules, but not laws, restrict carry.

This is a distinctly different situation than that in other states (OH, TX) where it is quite illegal to carry on a campus (or in TX, in campus buildings) regardless of your permitted status. I was merely trying to elucidate the distinction.

I agree that students often carry backpacks, but if you spend a little bit of time around my workplace, which consists entirely of graduate students, faculty, and technical staff, you won't see many. It bothers me that these discussions always seem to center on college scenes, and disregard the fact that the rules apply equally to graduate schools and research facilities that are entirely populated by professional-age adults but nominally affiliated with a university.
Maybe a rare occurence, but then you only have to get murdered once to ruin your whole day.
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HankB

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Re: Suing for damages when injured in a CPZ.
« Reply #8 on: March 20, 2008, 10:51:24 AM »
What the heck is a CPZ?
My guess is Criminal Protection Zone . . . though I usually use the term "victim disarmament zone" myself.
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

Sergeant Bob

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Re: Suing for damages when injured in a CPZ.
« Reply #9 on: March 20, 2008, 11:00:39 AM »
What the heck is a CPZ?

Its a lot like a GFSZ, or a NCCAPGA..... undecided grin
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