Law Profs claim 'Negligent Entrustent' in Sandy Hook case

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Bruenor
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Law Profs claim 'Negligent Entrustent' in Sandy Hook case

Post by Bruenor »

Sounds like quite a stretch to me. Scumbag murdered someone to get those firearms, no-one entrusted him with anything. Remington Outdoor Company sells through FFL dealer's that run background checks on purchasers, so they did what the law demands. Guess I really shouldn't be surprised.
http://www.guns.com/2017/04/22/law-prof ... hook-case/" onclick="window.open(this.href);return false;
The professors explore applications of negligent entrustment tort, advising it boils down to one question: “In entrusting his property to another, did the defendant take adequate precautions given the magnitude of the foreseeable risk?” Rather than answering the question, the state court mistakenly used it as “something like prerequisites” when it dismissed the case last year.

Case law shows courts have taken a flexible approach when applying negligent entrustment claims, the brief says. They will review aspects of the case like social settings, multiple entrustments, the ultimate entrustee, and if defendant lacked knowledge about the entrustee’s incompetence.
http://14544-presscdn-0-64.pagely.netdn ... -brief.pdf" onclick="window.open(this.href);return false;
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