Range Instructor's Family Sues Range for Death

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  • doggyjacket

    Ultimate Member
    Aug 3, 2016
    1,542
    MoCo
    Eh, I don't know. Biggest issues I see are there there are lots of defenses by the business.

    Mainly, assumption of risk. Where the plaintiff knew and understood the risk and did the training anyway. Usually, it's a complete bar to recovery. Even if not, Arizona is a comparative negligence state so any award will be diminshed by whatever % fault the jury apportions to the Plaintiff.

    In most states, Children under 12 or so cannot be negligent by law, so the kid/family get off probably.

    But I also wonder whether there's even enough insurance to cover a lawsuit or a big judgment in the event they win.

    Would love to see a copy of the Complaint.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,478
    variable
    This smells like a subrogation suit. Someone with an insurable interest in the dead guy wants money from someone else with an insurable interest in the dead guy. On paper it is 'the family sues the range' when it is in fact 'ACME life insurance sues Ginorma workman's comp'.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,389
    Harford County
    I must be missing something here.
    Wasn't the instructor the one that was supervising the young girl?
    If so, IT'S HIS DAMN FAULT!
     

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