Tallahassee, FL asked in Business Law, Civil Litigation and Constitutional Law for Florida

Q: If I authorize someone to conceal carry on private property, am I legally responsible if someone is injured or killed?

Our church (private property), if we have safety team members who will be permitted to carry their firearms, are we legally obliged if they discharge their firearm and injure someone, or are they responsible?

2 Lawyer Answers

A: They would be responsible, as always, to conduct themselves in a reasonable manner. Unless you have cause to suspect that your safety team members are likely to do otherwise, you would not be liable. It would be a good idea to see that they have taken a firearms safety course and to make sure the requirements of your liability insurance are complied with.

James L. Arrasmith
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Answered

A: In most cases, if you authorize someone to carry a concealed weapon on your private property and they discharge their firearm causing injury or death, the individual who discharged the firearm would be primarily responsible for their actions. However, there are circumstances where the property owner (in this case, the church) could face legal liability.

Potential scenarios where the church might be held liable:

1. Negligent selection: If the church failed to properly screen or train the safety team members before authorizing them to carry firearms, the church could be considered negligent in its selection process.

2. Failure to establish clear guidelines: If the church did not provide clear guidelines on when and how the safety team members should use their firearms, leading to an unjustified or inappropriate use of force, the church could be liable.

3. Vicarious liability: In some cases, an employer (or organization) can be held responsible for the actions of its employees or agents under the principle of vicarious liability.

To minimize potential liability, the church should:

1. Carefully screen and select safety team members, ensuring they are properly trained and licensed to carry firearms.

2. Establish clear, written policies and guidelines for when and how safety team members should use their firearms, ensuring compliance with state and local laws.

3. Regularly review and update these policies, and provide ongoing training to safety team members.

4. Consult with a local attorney familiar with firearms laws and liability to ensure the church is taking appropriate precautions and has adequate liability insurance coverage.

Ultimately, liability would depend on the specific circumstances of the incident and the laws of the jurisdiction where the church is located. It's essential to work closely with legal professionals to navigate this complex issue and minimize the church's potential liability.

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