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>Not saying it’s wrong, just wondering what the crime is (aiding and abetting? I didn’t say it was a crime I said it creates liability, this is a civil case ab

>Not saying it’s wrong, just wondering what the crime is (aiding and abetting? I didn’t say it was a crime I said it creates liability, this is a civil case about civil liability after all. For example there are tons of civil cases against businesses that sell ammunition, there are endless such cases against Walmart alone, where the ammunition ends up being used in the commission of a crime. More often than not Walmart prevails in the ammo cases because there is usually no evidence showing Walmart knew or should have known the buyers intent to use the bullets in a crime (it’s probably true that many times the buyers had not such intent when the bought the ammo). Still there are cases where plaintiffs can prove the seller did in fact know, should have known or even could have predicted the intent of the buyer to use the ammo in a crime. All that said it’s also true, though far less likely the liability could raise to a criminal level.

gnicholas 8y ago
Would the civil liability be under tort law or something else? The first requirement for tort liability is that the defendant owe a duty of care to the plaintiff. There are some exceptions to this, but I’d be curious to know the theory here. I understand that people sue Walmart for ammo sales and such, but is there any chance that a shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? The shop owner has no legal duty (even civil) to the potential victim, who may not even be identified at the time of sale. how would the shop owner be liable? I’m still not seeing it. If you can just point me to the ammo cases then I can just read up on how these cases work.
- dragonwriter 8y ago
  > Would the civil liability be under tort law or something else? One obvious basis would be in tort, more specifically negligence; similar to (perhaps a subtype of) negligent entrustment. > The first requirement for tort liability is that the defendant owe a duty of care to the plaintiff. That's the first requirement for negligence, not all tort liability. > I understand that people sue Walmart for ammo sales and such, but is there any chance that a shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? Yes, quite likely, if they actually knew, or reasonably should have known, the kidnapper intended to use it in a kidnapping, and the harms at issue are of a time that should be reasonably foreseen in such use. > The shop owner has no legal duty (even civil) to the potential victim True under the very old common law where duty was found only in privity, but untrue with the modern rule which incorporates the general duty of care—which is generally a duty to act so as not to cause reasonably foreseeable harm.
  - gnicholas 8y ago
    Looks like negligent entrustment is typically limited to automobiles, and then only when the person to whom it is being entrusted is intoxicated or has a reputation for intoxication. You're right that duty is a requirement of negligence, not all tort liability — thanks for correcting this. I'm still not clear on how liability would result in this sort of hypo. Are there statutes establishing liability? Is it common law? Either way, what are the legal requirements, bright lines, etc.? Just looking for some good old fashioned IRAC here, if you know what I mean :)
- will_brown 8y ago
  >shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? I feel this has been exhaustively explained and reexplained throughout the thread, so the answer is: maybe...if the shop owner knew or should have known those items would be used in the commission of a crime, then yes there is potential liability. In your example even if the kidnapper didn’t disclose his intent the particular grouping of items may in fact suggest the shop owner knew or should have known, and of course other facts are relevant. For example, it’s a small town and the shop owner knows the purchaser as a felon with a history of violent crimes using duct tape and a ski mask. That said maybe the facts suggest the shop owner didn’t know and had no reason to even predict the items would be used in a crime (maybe these are items typically purchased together from the shop). As dragonwriter stated these cases are typically negligence cases, especially in firearms/ammo cases where there is federal law to protect arms dealers (thank NRA). Here is a link to an article about a ammo case against Walmart (sold bullets to a drunk guy who gave the bullets to a kid after walking outside and 15 minutes after purchase shot and killed someone), my guess is Walmart won’t be found negligent. The article notes a second case where a gun shop sold a gun to someone who workers had suspicions was buying the gun for someone else (the gun was bought for someone else who used it to kill 2 police), they were found liable. https://www.google.com/amp/s/www.cnbc.com/amp/2016/01/08/wal-mart-sued-over-sale-of-bullets-used-in-pennsylvania-murders.html https://www.google.com/amp/s/www.cnbc.com/amp/2016/01/08/wal... Here is a second article against Walmart again where Walmart entered into a confidential settlement before trial. https://www.google.com/amp/s/www.mcall.com/news/breaking/mc-walmart-settles-shooting-ammunition-sale-lawsuit-20170406-story,amp.html https://www.google.com/amp/s/www.mcall.com/news/breaking/mc-... Sorry don’t have the time now to pull up the case styles.
  - gnicholas 8y ago
    > I feel this has been exhaustively explained and reexplained throughout the thread Sorry — I'm on mobile and was just looking at this thread via /comments. Didn't realized it had been discussed elsewhere. Thanks for sharing the case info. Sounds like there haven't been (m)any cases where liability was established, which fits with my understanding of the limits of tort law (and lack of similar statutory laws).

gnicholas 8y ago

Would the civil liability be under tort law or something else? The first requirement for tort liability is that the defendant owe a duty of care to the plaintiff. There are some exceptions to this, but I’d be curious to know the theory here. I understand that people sue Walmart for ammo sales and such, but is there any chance that a shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? The shop owner has no legal duty (even civil) to the potential victim, who may not even be identified at the time of sale. how would the shop owner be liable? I’m still not seeing it. If you can just point me to the ammo cases then I can just read up on how these cases work.

dragonwriter 8y ago
> Would the civil liability be under tort law or something else? One obvious basis would be in tort, more specifically negligence; similar to (perhaps a subtype of) negligent entrustment. > The first requirement for tort liability is that the defendant owe a duty of care to the plaintiff. That's the first requirement for negligence, not all tort liability. > I understand that people sue Walmart for ammo sales and such, but is there any chance that a shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? Yes, quite likely, if they actually knew, or reasonably should have known, the kidnapper intended to use it in a kidnapping, and the harms at issue are of a time that should be reasonably foreseen in such use. > The shop owner has no legal duty (even civil) to the potential victim True under the very old common law where duty was found only in privity, but untrue with the modern rule which incorporates the general duty of care—which is generally a duty to act so as not to cause reasonably foreseeable harm.
- gnicholas 8y ago
  Looks like negligent entrustment is typically limited to automobiles, and then only when the person to whom it is being entrusted is intoxicated or has a reputation for intoxication. You're right that duty is a requirement of negligence, not all tort liability — thanks for correcting this. I'm still not clear on how liability would result in this sort of hypo. Are there statutes establishing liability? Is it common law? Either way, what are the legal requirements, bright lines, etc.? Just looking for some good old fashioned IRAC here, if you know what I mean :)
will_brown 8y ago
>shop owner who sells, for example, duct tape, a ski mask, and zip ties to a kidnapper could have even civil liability? I feel this has been exhaustively explained and reexplained throughout the thread, so the answer is: maybe...if the shop owner knew or should have known those items would be used in the commission of a crime, then yes there is potential liability. In your example even if the kidnapper didn’t disclose his intent the particular grouping of items may in fact suggest the shop owner knew or should have known, and of course other facts are relevant. For example, it’s a small town and the shop owner knows the purchaser as a felon with a history of violent crimes using duct tape and a ski mask. That said maybe the facts suggest the shop owner didn’t know and had no reason to even predict the items would be used in a crime (maybe these are items typically purchased together from the shop). As dragonwriter stated these cases are typically negligence cases, especially in firearms/ammo cases where there is federal law to protect arms dealers (thank NRA). Here is a link to an article about a ammo case against Walmart (sold bullets to a drunk guy who gave the bullets to a kid after walking outside and 15 minutes after purchase shot and killed someone), my guess is Walmart won’t be found negligent. The article notes a second case where a gun shop sold a gun to someone who workers had suspicions was buying the gun for someone else (the gun was bought for someone else who used it to kill 2 police), they were found liable. https://www.google.com/amp/s/www.cnbc.com/amp/2016/01/08/wal-mart-sued-over-sale-of-bullets-used-in-pennsylvania-murders.html https://www.google.com/amp/s/www.cnbc.com/amp/2016/01/08/wal... Here is a second article against Walmart again where Walmart entered into a confidential settlement before trial. https://www.google.com/amp/s/www.mcall.com/news/breaking/mc-walmart-settles-shooting-ammunition-sale-lawsuit-20170406-story,amp.html https://www.google.com/amp/s/www.mcall.com/news/breaking/mc-... Sorry don’t have the time now to pull up the case styles.
- gnicholas 8y ago
  > I feel this has been exhaustively explained and reexplained throughout the thread Sorry — I'm on mobile and was just looking at this thread via /comments. Didn't realized it had been discussed elsewhere. Thanks for sharing the case info. Sounds like there haven't been (m)any cases where liability was established, which fits with my understanding of the limits of tort law (and lack of similar statutory laws).