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To: Stormdog; marktwain

Stormdog is absolutely right: This has less to do with firearms and the Second Amendment than it does with premesis liability. Under the common law dating back to Colonial England a landowner is liable for injuries sustained as a result a known dangerous condition especially if the injured person is an invited guest and the injuries are the foreseeable consequence of the dangerous condition.


24 posted on 12/06/2012 10:27:04 AM PST by Labyrinthos
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To: Labyrinthos

res ipsa loquitur is merely a rule of evidence which creates a presumption that a defendant acted negligently simply because a particular accident occurred.
The presumption arises only if (1) that which caused the accident was under the defendant’s control, (2) the accident could only occur as a result of a careless act and (3) plaintiff did not contribute to the accident.


29 posted on 12/06/2012 10:50:09 AM PST by tumblindice (America's founding fathers: All armed conservatives.)
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