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Old June 28, 2013, 05:15 PM   #46
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,905
Originally Posted by Double Naught Spy
Originally Posted by Spats McGee
While I wholeheartedly agree that fired rounds should never leave the range, from a legal liability perspective, "which came first" can matter very much. If the house was built after the range, the range and insurer could argue that the homeowner assumed the risk of stray bullets by building there with full knowlede of the range's existence.
Well which came first, the house or the bullets? As it is illegal in most states to fire across property lines without consent, that the range came first would not allow for justification of the house being shot. The range is liable because of conducting activities in an unsafe manner.
The question of whether the house was there before the bullets isn't relevant to the assumption of risk issue. It's something like building a house near a pig farm and then complaining about the smell.

Unless someone can testify that a range employee actually fired the bullet that hit the house, the range was merely the location where some invitee fired the round. Accordingly, if someone violated a law against firing across property lines, it's the individual shooter, not "the range."
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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