Hey Y’all,
At my most recent training session, we were introduced to the deeper end of the legal pool. In a case known as Pow Pow vs. The City of Margate (USC 42; 1983) WHICH CHANGED THE WAY Police trained nationwide, we learned about “Failure to Train” lawsuits.
If you get involved in a deadly force encounter, and survive it and the follow on Post Traumatic Stress from the encounter you have to get yourself ready for PHASE 2.
PHASE 2:
THE 3 L’S... LAWSUITS - LAWYERS - LIABILITY
Before we go on I will repeat myself. Should you wonder or doubt or question the why of carrying a concealed handgun and defending your life with it or any weapon for that matter; let’s get real and ask…….HOW?
- HOW MUCH IS YOUR LIFE WORTH?
- HOW MUCH ARE THE LIVES OF YOUR FAMILY AND LOVED ONES WORTH?
You are on the witness stand or being deposed by the dirt bags family attorney. He has taken out a folder and opened it and starts telling you about your personal financial situation as it stands since he’s been retained by the Family of the Deceased. Your attorney is stalling on turning over records of that nature at the date of the incident but it’s a matter of time till the bottom feeder attorneys have to make all info available. Your homeowner’s insurance, life insurance, business insurance any insurance that has a liability clause or value clause that could be based on negligence or 3 degrees of tort will be brought up and attacked for settlement. You see they strictly want money and won’t want to fight in court, to the point that many of them settle their cases either right outside the courtroom on trial day H hour or by phone within days or hours of trial. ( After a thousand continuances)
So there you sit and the questions are asked (and noted by the court reporter/stenographer) about your Concealed Handgun License and your understanding of the Use of Force in Chapter 9 of the Penal Code. You are pretty clear on that but every detail of what you say is noted. Then the lawyer asks how often you practice or train or sought the same from your instructor or from other instructors. You cough, stutter, stumble, hesitate (all duly noted) and answer. What do you think your chances are of losing all your liability insurance money and subsequently any future coverage if your lawyer and insurance companies decide to settle out of court because you said you never sought further training or instructional updating after your initial licensing? Yeah the shooting was justifiable and you were no billed by the Grand Jury but that’s what your initial licensing covered for you. The civil lawsuit is totally a different matter and is a game of manipulation. Is it easier to defend yourself legally if you maintained a standard of proficiency? Absolutely! Would you be accused of being “bloodthirsty” for training on a regular basis? Probably, but if you maintain that your training was to maintain your proficiency it would be a non matter. Will you be subject to liability more directly if you maintain that you never practiced or sought further training or information to maintain your proficiency? Undoubtedly. “OK Mr. Steeves. You took your CHL course and passed the tests and then didn’t think you needed any more training or information for two to five years yet you took a weapon you admit you don’t maintain proficiency with and used it; knowing that you deliberately would not wait to use it. Yet Mr. Steeves you felt you were so expert from your minimal training as to no longer require maintenance of what even your Instructor and all Firearms Instructors and Gun Magazines tout and constantly remind the public of that firearms use is a “perishable skill” is that correct sir?
Then I’m called in to depose for both attorney. After giving all my information and qualifications as your Instructor, the questions start. I’m asked about your CHL Class and then I’m asked about you specifically.
“Did Mr. Steeves seek out more clarification of any points of law in regards to the use of deadly force as it relates to you having licensed them in Texas for concealed carry? “No sir but…” Did Mr. Steeves ask you to further train him regularly to maintain his proficiency…excuse me sir; before you answer I see you have a website as does Tx. DPS for concealed handgun license holder to gain access to is that correct? “Yes.” On your website sir, do you post times where you specifically note, suggest and invite your licensed students or any firearms user to join you or meet you for said firearms practicing? “Yes.” How many of your trainees show up regularly for those sessions. “Between 1 and 3 per session.” And you have trained how many sir since 1997? “ Several hundred.” Has Mr. Steeves ever attended your practice sessions?” No.”
Has he registered on your website any questions or requests? “None I’m aware of but..” just the question sir thank you. “None I’m aware of?” Is Mr. Steeves aware of the fact that firearms skills of usage are perishable? And do you make your student trainees aware of that fact both in your instruction and on your website sir? “Yes I do,”
Sooooooooo how do you think you’re going to look after all I am allowed to say is yes or no and I testify to the truth in the civil suit? Not too good huh?
In Pow Pow v Margate the police officer killed an innocent third (a husband and father) person while shooting at a fleeing kidnapper in low light. “There’s a lawyer attached to every bullet”. The police officer, his department, and City of Margate were all found liable in the death of the woman who filed the suit’s husband for failing to train the officer in low light shooting and she won millions and it changed the way we train police nationwide as well as it brought “Failure to Train” lawsuits to the whole spectrum of civil liability cases both law enforcement and civilian.
SOOOOOO… DON’T SHOW UP FOR THE FREE PRACTICE AND TRAINING SESSIONS I POST
AFTER ALL “WHAT IS YOUR LIFE WORTH?”
A new calendar of training sessions that will cover this summer 2010 will be posted by next week I hope you take advantage of it. I’ll be there either way.
Your Instructor... Eddie
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