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Tennessee Gun-Free Zone proprietors are now absolutely liable
By Donald Sensing
Starting July 1, posting this sign in Tennessee makes you financially liable for failure to protect the safety of persons who are authorized by law to carry arms in public.
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Effective July 1 in Tennessee, any location in the state that is presently authorized by law to exclude possession of weapons on the premises (does not include private homes) by persons authorized by law to possess them otherwise, will, by law, assume,
... absolute custodial responsibility for the safety and defense of the permit holder while on the posted property and while on any property the permit holder is required to traverse in order to travel to and from the location where the permit holder's firearm is storedI am going to guess-predict that if challenged, the law will be struck down in some degree by state courts because it is overly broad. But the bulk of it shall stand, I would say. Here is the rest of the statute:
(c) The responsibility of the person or entity posting for the safety and defense of the permit holder shall extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and defensible man-made and natural hazards.
(d)
(1) Any handgun carry permit holder who is injured, suffers bodily injury or death, incurs economic loss or expense, property damage or any other compensable loss as the result of conduct occurring on property that is posted pursuant to § 39-17-1359, shall have a cause of action against the person or entity posting. In addition to damages, the person shall be entitled to reasonable attorney fees, expert witness costs, and other costs necessary to bring the cause of action.
(2) The statute of limitations for such an action shall be two (2) years from the date of the occurrence giving rise to the damages, loss, or injury.
(e) Any notice or signage that property is posted pursuant to § 39-17-1359 shall also contain language citing this section and stating that any permit holder on the posted property is under the custodial responsibility of the posting person or entity.
(f) To prevail in an action brought under this section, the plaintiff must show by a preponderance of the evidence that:
(1) The plaintiff was authorized to carry a handgun pursuant to § 39-17-1351 at the time of the incident giving rise to the action;
(2) The plaintiff was prohibited from carrying a firearm on the property where the incident occurred because it was posted pursuant to § 39-17-1359; and
(3) The property was not required to be posted by state or federal law but was posted by choice of the defendant.
(g) This section shall be liberally construed to effectuate its purpose. SECTION 2. This act shall take effect July 1, 2016, the public welfare requiring it.Update:
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senseofevents
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