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Father of a victim in the Brookfield shooting considering lawsuit

EMNofSeattle

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I sympathize with him for his loss, but extorting a business and racking up its legal fees is the right thing to do.

What does he want? armed security guards at every single storefront in the country?
 

skidmark

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Valhalla
I'm a bit confused. If Iunderstand rightly, her father (the guy contemplating suing someone/anyone) built the salon "for his daughter".

But someone else operates it.

The person who operates the salon says she beefed up security, but there is no mention of how/when. There is also no mention of what, if any, features the builder put in place in the first place.

What I seem to get out of this is that the guy is butt-hurt his daughter is dead* and can't make the killer pay because he is dead and has no meaningful estate to go after. So somebody has to pay to make his butt-hurt feel better.

Am I missing anything?

stay safe.

* I sympatize with his loss and understand the feeling of wanting to hold someone/something responsible. The responsible party is dead. The wife of the responsible party may or may not have some culpability for coming to work when she might have known her husband was so PO'd that he would do some sort of violence around her. The salon operator may or may not have some responsibility for getting in the middle of someone else's domestic dispute thus distracting the guy from killing his wife and shooting "wildly" resulting in this innocent person's death.

I'm not as insensitive a SOB as this may sound like. I'm just trying real hard to figure out 1) why the father thinks anybody besides the shooter is responsible for his daughter's death, and 2) how he can not hold himself at least partly responsible for not building in better security in the first place.
 

protias

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SE, WI
I sympathize with him for his loss, but extorting a business and racking up its legal fees is the right thing to do.

What does he want? armed security guards at every single storefront in the country?

175.60(21)(b)(c) - Loss of immunity should something happen in a place that posts.

http://docs.legis.wi.gov/statutes/statutes/175/60/21

(b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision. (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.


Azana did not provide any due diligence to protecting its employees or customers.
 

AaronS

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May 2, 2009
Messages
1,497
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Milwaukee, Wisconsin, USA
I'm a bit confused. If Iunderstand rightly, her father (the guy contemplating suing someone/anyone) built the salon "for his daughter".

But someone else operates it.

The person who operates the salon says she beefed up security, but there is no mention of how/when. There is also no mention of what, if any, features the builder put in place in the first place.

What I seem to get out of this is that the guy is butt-hurt his daughter is dead* and can't make the killer pay because he is dead and has no meaningful estate to go after. So somebody has to pay to make his butt-hurt feel better.

Am I missing anything?

stay safe.

* I sympatize with his loss and understand the feeling of wanting to hold someone/something responsible. The responsible party is dead. The wife of the responsible party may or may not have some culpability for coming to work when she might have known her husband was so PO'd that he would do some sort of violence around her. The salon operator may or may not have some responsibility for getting in the middle of someone else's domestic dispute thus distracting the guy from killing his wife and shooting "wildly" resulting in this innocent person's death.

I'm not as insensitive a SOB as this may sound like. I'm just trying real hard to figure out 1) why the father thinks anybody besides the shooter is responsible for his daughter's death, and 2) how he can not hold himself at least partly responsible for not building in better security in the first place.



In Wisconsin, once any business makes the choice to post a"no self defense" sign, it accepts civil liability for any damagethat may occur in the place. Notposting takes the liability off of the shoulders of the store owner. It is part of our Wisconsin law.

As far as Isee it, in this state, an owner would have to install armed guards to be freeof the liability clause in our law.
 

EMNofSeattle

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S. Kitsap, Washington state
175.60(21)(b)(c) - Loss of immunity should something happen in a place that posts.

http://docs.legis.wi.gov/statutes/statutes/175/60/21

(b) A person that does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision. (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.


Azana did not provide any due diligence to protecting its employees or customers.

So what? banning a concealed weapon shouldn't expose you to liability either. This whole dream of some gun rights activists to punish business owners and take away THEIR rights doesn't sit well with me.
 

oak1971

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Wisconsin, USA
So what? banning a concealed weapon shouldn't expose you to liability either. This whole dream of some gun rights activists to punish business owners and take away THEIR rights doesn't sit well with me.

Well that's a darn shame. We feel bad about it too. :p

Did you ever consider that if they had allowed carry the situation could have turned out differently?
 

EMNofSeattle

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S. Kitsap, Washington state
Well that's a darn shame. We feel bad about it too. :p

Did you ever consider that if they had allowed carry the situation could have turned out differently?

No, because effective rates of licensure are very low, around 2 to 4% of a states population may be licensed at any one time. and in Wisconsin maybe 150,000 permits active out of 5 million people. Then there's the number of CCW holders who actually carry on a regular basis. most people in WA get a CPL just to waive the wait period and never carry. and the open carry camp usually overlaps to a good degree with the CCW licensee population.

so you would have to assume

A) a licensee is a customer or employee at that building
B) That they're carrying at the time of the incident
C) that they decide to fight instead of flee
and D) that they have a level of competence nessecary to stop an attacker in a gun battle.

now i'm 100% in favor of citizens carrying because I believe it's one's constitutional right to do so. but I don't think just allowing CCW holders in and out of your business is a shield against a mass shooting. In addition mass shootings are so rare that it's not like a business is opening their customers to unreasonable risk if they ban firearms on the business premises. it's not the same as having faulty fire alarms or locking the emergency escape doors.

and i think private property owners have a right to restrict who they want on their property. As long as I have the right to walk away and do business with someone else then they are no threat to my constitutional rights.
 
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Vern

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bula
It is a feelgood immunity statute worded so loosely a competent insurance attorney team should be able to smoke out a dozen different interpretations.
 
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protias

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SE, WI
So what? banning a concealed weapon shouldn't expose you to liability either. This whole dream of some gun rights activists to punish business owners and take away THEIR rights doesn't sit well with me.

Why shouldn't it? The business decided to not protect its customers. That is negligence!
 

Kc.38

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Aug 21, 2011
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Central Wi
No, because effective rates of licensure are very low, around 2 to 4% of a states population may be licensed at any one time. and in Wisconsin maybe 150,000 permits active out of 5 million people. Then there's the number of CCW holders who actually carry on a regular basis. most people in WA get a CPL just to waive the wait period and never carry. and the open carry camp usually overlaps to a good degree with the CCW licensee population.

so you would have to assume

A) a licensee is a customer or employee at that building
B) That they're carrying at the time of the incident
C) that they decide to fight instead of flee
and D) that they have a level of competence nessecary to stop an attacker in a gun battle.

now i'm 100% in favor of citizens carrying because I believe it's one's constitutional right to do so. but I don't think just allowing CCW holders in and out of your business is a shield against a mass shooting. In addition mass shootings are so rare that it's not like a business is opening their customers to unreasonable risk if they ban firearms on the business premises. it's not the same as having faulty fire alarms or locking the emergency escape doors.

and i think private property owners have a right to restrict who they want on their property. As long as I have the right to walk away and do business with someone else then they are no threat to my constitutional rights.

With the recent shootings in the last couple years it would lead me to believe that the BGs STILL think that the risk is to high to apply their trade where weapons are allowed. How many BGs changed their mind about causing mayham when then saw someone in the area that MAY be armed? Is the donut shop ever robbed when leo's are present? Is the BG concerned about being arrested or shot?
 

davegran

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Cassville Area -Twelve Miles From Anything, Wiscon
So what? banning a concealed weapon shouldn't expose you to liability either. This whole dream of some gun rights activists to punish business owners and take away THEIR rights doesn't sit well with me.
Get over it, EMN. In Wisconsin we have the immunity clause to "encourage" anybody who serves the public to honor their 2A rights and recognize their CCW license. When you don't recognize the fact that by not allowing someone to carry in the beauty parlor the owners prevented any chance of the patrons defending themselves then you are ignoring basic logic. If that doesn't sit well with you then don't come to Wisconsin, because it's the law here. Have a safe day in Kitsap. :D
 

Shotgun

Wisconsin Carry, Inc.
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Aug 23, 2006
Messages
2,668
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Madison, Wisconsin, USA
No, because effective rates of licensure are very low, around 2 to 4% of a states population may be licensed at any one time. and in Wisconsin maybe 150,000 permits active out of 5 million people. Then there's the number of CCW holders who actually carry on a regular basis. most people in WA get a CPL just to waive the wait period and never carry. and the open carry camp usually overlaps to a good degree with the CCW licensee population.

so you would have to assume

A) a licensee is a customer or employee at that building
B) That they're carrying at the time of the incident
C) that they decide to fight instead of flee
and D) that they have a level of competence nessecary to stop an attacker in a gun battle.

Ok, so if the spa allowed carrying inside the odds of there being someone there at the right time are probably low. True.

By not allowing carry inside the odds are as close to zero as you can get.

The odds that I'll ever need to do a left-handed only revolver reload are very low too. But still I practice the technique from time-to-time.

I'll take the slight advantage offered by low odds over NO odds every time.
 

oliverclotheshoff

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Aug 17, 2010
Messages
845
Location
mauston wi
Ok, so if the spa allowed carrying inside the odds of there being someone there at the right time are probably low. True.

By not allowing carry inside the odds are as close to zero as you can get.

The odds that I'll ever need to do a left-handed only revolver reload are very low too. But still I practice the technique from time-to-time.

I'll take the slight advantage offered by low odds over NO odds every time.

shotgun excellent point
 

MKEgal

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Jan 8, 2010
Messages
4,383
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in front of my computer, WI
EMNofSeattle said:
so you would have to assume
A) a licensee is a customer or employee at that building
B) That they're carrying at the time of the incident
C) that they decide to fight instead of flee
and D) that they have a level of competence necessary to stop an attacker in a gun battle.
The only person I know who is a customer there is an OC advocate, so she would have been all but D for sure if the spa hadn't been posted. Not knowing her training or competence I can't speak to D, but it probably wouldn't take much lead being thrown in his direction to persuade him to rethink his plans.

mass shootings are so rare that it's not like a business is opening their customers to unreasonable risk if they ban firearms on the business premises
I can't think of a mass murder that has NOT happened in a "(legal) gun-free" zone.

As long as I have the right to walk away and do business with someone else then they are no threat to my constitutional rights.
That's one of the main reasons I think that no gov't building or property should be allowed to prohibit the peaceful exercise of civil rights. There is no alternative place to pay your taxes or go to court.

EMNofSeattle said:
What does he want? armed security guards at every single storefront in the country?
Only the places that don't allow people to act in their own self-defense.

skidmark said:
If I understand rightly, her father (the guy contemplating suing someone/anyone) built the salon "for his daughter".
You misread.
The article says he built a hair salon for her on the back of his warehouse.
The spa where this mass murder happened is its own business, a standalone massive swank building.

The person who operates the salon says she beefed up security, but there is no mention of how/when.
One article I read said something to the effect that they locked all doors except the main entrance & told employees to be alert.
Worked out real well, didn't it?

1) why the father thinks anybody besides the shooter is responsible for his daughter's death
Not that others are 'responsible' so much as partially liable. The spa owner decided to prohibit self-defense, but did nothing to protect employees & customers.
Yes, an armed guard at the front door & walking people to/from their cars would come near being equivalent... and might very well have deterred both his vandalism and the murders.

ETA:
PS: from all I've heard & read, the Brown Deer PD seems to have done everything they were allowed to do, with the possible exception of arresting him for DC when he had that standoff & pretended to point a gun at her.
 
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EMNofSeattle

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The only person I know who is a customer there is an OC advocate, so she would have been all but D for sure if the spa hadn't been posted. Not knowing her training or competence I can't speak to D, but it probably wouldn't take much lead being thrown in his direction to persuade him to rethink his plans.

Maybe, maybe not in 2005 I believe a shooter walked in to the Tacoma Mall in Tacoma, Washington and went on a spree, a CPL holder did draw his weapon but was shot before he could fire (I've heard at least 5 conflicting stories of what happened with him, why he was there etc so I won't go into more then the accepted details) I don't think mass shooters actually fear armed citizens, they certainly don't fear police, most either kill themselves or go out in a blaze of glory fighting law enforcement. The fact that the Aurora shooter was arrested unharmed is relatively rare.

Again as I said I totally support someone's right to defend themselves, as much as I respect private property rights. I also don't think having a gun is a magic force field against harm (which I'm not saying you do believe that, so don't take that the wrong way)


I can't think of a mass murder that has NOT happened in a "(legal) gun-free" zone.

Well there was a shooting Alabama in which a man killed members of his family, drove to a gas station, shot the customers there, and then drove down a highway in which he shot another man who attempted to subdue him, then drove to his former employer where he committed suicide after a gun battle with local police in which he injured the police chief. but several of his killings were in a gas station and a road which are not your typical gun free zone, and AL is a right to carry state. Geneva County Massacre

in 1990 after Florida passed their shall issue carry law (Washington had the first shall issue law predating florida by 20 years, don't let anyone use the term "Florida Carry" for shall issue) a man took a .38 revolver and an M-1 carbine to a car dealership (unlikely that it had no gun signs posted) and killed some people. James Pough was his name and this was in Jacksonville.

in 2006 There was the Capitol Hill Massacre in Seattle, this may not strictly qualify as it was at a private residence from what I understand so probably no anti-gun posted signs.

in Florida a pair of Sheriff's deputies were gunned down by a national guardsman who was accused of domestic violence AT A RIFLE RANGE and none of the shooters did anything about it.

gun free zones often make the press as shootings sites, but that's because the shooter probably wants their name in the papers, so killing children at a school is the way to do that, or crowded venues like theatres on opening night of a popular movie because it increases body count. correlation does not always equal causation. I doubt any of these killers ever consider the legal status of guns on the intended property. Gun bans and shootings at those properties may correlate, but they're both caused by a third factor... a large crowd of gathered people in a prominent place.


That's one of the main reasons I think that no gov't building or property should be allowed to prohibit the peaceful exercise of civil rights. There is no alternative place to pay your taxes or go to court.

But they're also guarded by armed personnel in the building and have screening procedures to detect weapons before someone enters. (usually)


Only the places that don't allow people to act in their own self-defense.

So I know WI law eliminates liability for allowing CCW. but why should it? mass shootings are rare enough that it's not reasonable to forsee them as a constant threat the requires allowing people to carry firearms. and in reality, a minority of businesses actually do ban guns. walk into virtually any business in Kitsap county with your OC piece and you'll probably be allowed to do business, in fact when I worked at a grocery store i was specifically told in training that we allow legal OC and CC.

now if massacres and gun battles happened daily that might be a different concern, but I've been alive for 20 years now, yet to be involved in a mass shooting incident. not that I'm Naive and refuse to accept it can happen, but I also understand that statistically it doesn't happen often enough to where it justifies lopping liability unto private businesses.

One more, if you see this as a rant against legal carry of a firearm, just know that I am not in anyway opposed to that, just also supportive of private property rights.
 
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oak1971

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It is a feelgood immunity statute worded so loosely a competent insurance attorney team should be able to smoke out a dozen different interpretations.

You a lawyer now? Don't like it, don't visit our state. Easy fix.
 

oak1971

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Wisconsin, USA
Maybe, maybe not in 2005 I believe a shooter walked in to the Tacoma Mall in Tacoma, Washington and went on a spree, a CPL holder did draw his weapon but was shot before he could fire (I've heard at least 5 conflicting stories of what happened with him, why he was there etc so I won't go into more then the accepted details) I don't think mass shooters actually fear armed citizens, they certainly don't fear police, most either kill themselves or go out in a blaze of glory fighting law enforcement. The fact that the Aurora shooter was arrested unharmed is relatively rare.

Again as I said I totally support someone's right to defend themselves, as much as I respect private property rights. I also don't think having a gun is a magic force field against harm (which I'm not saying you do believe that, so don't take that the wrong way)




Well there was a shooting Alabama in which a man killed members of his family, drove to a gas station, shot the customers there, and then drove down a highway in which he shot another man who attempted to subdue him, then drove to his former employer where he committed suicide after a gun battle with local police in which he injured the police chief. but several of his killings were in a gas station and a road which are not your typical gun free zone, and AL is a right to carry state. Geneva County Massacre

in 1990 after Florida passed their shall issue carry law (Washington had the first shall issue law predating florida by 20 years, don't let anyone use the term "Florida Carry" for shall issue) a man took a .38 revolver and an M-1 carbine to a car dealership (unlikely that it had no gun signs posted) and killed some people. James Pough was his name and this was in Jacksonville.

in 2006 There was the Capitol Hill Massacre in Seattle, this may not strictly qualify as it was at a private residence from what I understand so probably no anti-gun posted signs.

in Florida a pair of Sheriff's deputies were gunned down by a national guardsman who was accused of domestic violence AT A RIFLE RANGE and none of the shooters did anything about it.

gun free zones often make the press as shootings sites, but that's because the shooter probably wants their name in the papers, so killing children at a school is the way to do that, or crowded venues like theatres on opening night of a popular movie because it increases body count. correlation does not always equal causation. I doubt any of these killers ever consider the legal status of guns on the intended property. Gun bans and shootings at those properties may correlate, but they're both caused by a third factor... a large crowd of gathered people in a prominent place.




But they're also guarded by armed personnel in the building and have screening procedures to detect weapons before someone enters. (usually)




So I know WI law eliminates liability for allowing CCW. but why should it? mass shootings are rare enough that it's not reasonable to forsee them as a constant threat the requires allowing people to carry firearms. and in reality, a minority of businesses actually do ban guns. walk into virtually any business in Kitsap county with your OC piece and you'll probably be allowed to do business, in fact when I worked at a grocery store i was specifically told in training that we allow legal OC and CC.

now if massacres and gun battles happened daily that might be a different concern, but I've been alive for 20 years now, yet to be involved in a mass shooting incident. not that I'm Naive and refuse to accept it can happen, but I also understand that statistically it doesn't happen often enough to where it justifies lopping liability unto private businesses.

One more, if you see this as a rant against legal carry of a firearm, just know that I am not in anyway opposed to that, just also supportive of private property rights.

Look, pass your own laws in your own state however you like. Don't tell us how to conduct our business.
 

protias

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Messages
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SE, WI
But they're also guarded by armed personnel in the building and have screening procedures to detect weapons before someone enters. (usually)




So I know WI law eliminates liability for allowing CCW. but why should it? mass shootings are rare enough that it's not reasonable to forsee them as a constant threat the requires allowing people to carry firearms. and in reality, a minority of businesses actually do ban guns. walk into virtually any business in Kitsap county with your OC piece and you'll probably be allowed to do business, in fact when I worked at a grocery store i was specifically told in training that we allow legal OC and CC.

now if massacres and gun battles happened daily that might be a different concern, but I've been alive for 20 years now, yet to be involved in a mass shooting incident. not that I'm Naive and refuse to accept it can happen, but I also understand that statistically it doesn't happen often enough to where it justifies lopping liability unto private businesses.

One more, if you see this as a rant against legal carry of a firearm, just know that I am not in anyway opposed to that, just also supportive of private property rights.

Businesses are free to or not to post. However, if they do post, they must show due diligence in protecting their customers. Your changes of getting robbed, stabbed, shot, raped, etc are fairly low. However, just because they are low, doesn't mean you won't be another one of those statistics and would you want to be that statistic? We haven't had a murder in Sussex in 10-15 years, but would you want to be that one person that was? I certainly don't and that is why I take responsibility to guard my life from those who wish to cause harm to death to me.
 
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