Liberty U lawyers: Your guns are going to cost you money

Liberty University

Liberty University Chapel with recent gun accident headlines

Liberty University to allow handguns in dorm rooms

Next fall, Liberty University students with concealed handgun permits from the state can get permission from the school to keep their guns in safes in their dorm rooms

—Jesse Pounds, Daily Progress)

Liberty has been increasing the places that guns can be carried concealed on campus since 2011. The residents’ hall is one of the last places they were forbidden. Officials have downplayed the number of students who might have guns in the dorm, as well as the risk.

They might also be downplaying their financial liability if someone is injured in a gun accident while in a Liberty dorm or on campus.

Lately I’ve been reading stories of gun accidents. Every day I get about three that trigger my “accidental shooting” alert. I know there are more, but these are the ones that make the news. Check out the last few days: 3-year-old, 3-year-old, 2-year-old, 3-year-old, 3-year-old. 16-year-old 77-year-old.  In the newsbiz, three is a trend. It looks like we are on the way to a trend of toddlers killing more Americans than terrorists.

After I read these I wonder, “Could this have been prevented?” Sure, through proper handling, storage and transportation, but also through not having a gun. No gun = no gun accident. QED.

However, sometimes your gun-owning neighbor, his 3-year-old or a gun-carrying student has an accident with a gun, and hits others. Some of these incidents are classified as an accident, others as criminal negligence.

How many people who had an “accident” while cleaning their gun were actually suicides? If they can prove suicide, insurance won’t pay.

It depends on the circumstances and how it is classified by the police. This distinction is important because when innocent people are injured or killed by accident, it’s treated differently by the law–and by insurance companies– than when the injury or death happens because of negligence, intent or a criminal act.

I wondered, when a student at Liberty injures someone with a gun by accident, who is liable?

Let’s say a student who lives on campus has a gun accident and injures others. If he is a minor, his parent will be liable for damages in a civil case– and so will the school.  The injured people will sue both the student’s parents and the school.  In some cases they will settle with an insurance company in others it will go to trail and a court will determined the percent liability each has and determine compensation.

Why sue the school? Two legal reasons and a financial one:

1) Schools must have liability coverage to remain open

2) Schools actually have a duty to keep the people on the property reasonably safe—and they failed

3) Schools usually have deeper pockets than a student or his parents

I was going to get all technical about the Liberty’s duties to their licensees and invitees vs. trespassers as defined in the book Premises Security: A Guide for Security Professionals and Attorneys, William F. Blake, CPP, CFE and Walter F. Bradley, Esq. But insurance legalese is the most boring of all the major legalese, it’s designed so you don’t read the fine print –until you are sued, or want to make a claim and find out you aren’t covered.

Here’s the thing: this area of law and insurance is built on legal precedence and historical data, not wishful thinking and anecdotal stories from different situations.

University officials are welcome to teach students to prepare to stop the “bad guy with a gun.” They are free to make some security decisions based on what they think will work to protect their employees, students and guests. But, if they are wrong, there will be a huge price to pay, in the death and suffering of the students, staff and guests–and also financially.

By not adhering to the norms for security in the industry–and going against the advice of law-enforcement–when there is a gun incident, the University will bear greater liability.

Maybe Liberty’s insurance carriers will stand by them, but in a recent lawsuit Citizens Insurance Co. of America and Hanover Insurance said they had no duty to defend them.

It is quite possible that Liberty’s current underwriters will follow the same path as EMC, Kansas’ primary insurer for schools, who told all the schools in Kansas that they won’t cover any school with armed teachers. (Liberty has armed teachers and students. It’s also a good thing underage students in the dorms never drink! “Hold my beer + What Could Go Wrong = gun video below.)

However, even when Liberty is covered, when there is a gun accident the plaintiff’s lawyers will point to the school’s policy and say, “Not only didn’t this policy keep the person safe, it would not have happened if the student did not have a gun. The University’s policy of allowing and encouraging guns on campus has made this injury/death possible.”

Liberty U adminstrators won’t listen to reason, but they will listen to money

When there is a non-criminal-related gun accident at Liberty (or in Georgia or any armed campus), people like me can scream about it, we can go to all the newspapers, TV stations, Twitter and Facebook and say, “SEE?! We told you so! These theories about more guns making people safer are wrong!”

The Liberty people won’t listen to me. But they will listen to the underwriters and donors, the people who have to pay for the errors in judgement made by Liberty’s administrators.

They might also listen to the parents of any innocents injured, especially if they can’t be shut up with a cash settlement.  Money and pissed-off parents can lead to policy changes.

The Liberty administration has fixated on an incorrect understanding of how the world works and tied their policy to it–and they won’t let go. Instead, when confronted with evidence contrary to their beliefs they will “double down,” hoping to be proved right. They will point to any mass shooting and say, ‘If OUR students were there with their guns, they would have stopped it!” It’s almost like they are hoping for an incident on their campus so they can be proved right.

We can send them the data on gun accidents, injuries and death from other schools, in other communities, but until it happens on their specific campus, they won’t believe it. “Our students are well trained and mature. Accidents happen to other people.”

“There are two types of gun owners, one that has had an accidental discharge, and one that will.”  From Accidental Discharge (I found the honesty of this guy refreshing.)

If lots of people bleed, that leads

News-wise a single gun accident with one injured can’t compete with three injured in a shooting in one day. Multiple student gun accidents on campuses spread out over many months are ignored. Plus, criminal acts are more dramatic.  If nobody is tracking the trends on individual shootings, they blend into the noise.

Twitter DOES exist

The people whose opinions seem to matter most–the money people–need to be made aware of the failure of this “more guns keeps you safer” security policy.

But unless they are looking at trends, they only get exposed to the big shooting news. (FYI: Schools often have multiple insurance carriers. Here is one Liberty might have: Hanover Insurance on Twitter @The_Hanover on Facebook, NYSE: THG)

The other problem is that the public doesn’t always hear about any non-crime gun incidents. We know public universities cover things up, private ones can explain away things easier.

I’ve been focusing on accidents and I know they can be downplayed as “only a tiny percent of overall gun injuries and deaths”. The push back on this will focus on the times guns are used for self defense.  But, the kind of self defense they believe happens with more guns and more accessible guns, isn’t happening, what is happening is that unintentional gun deaths increase.

What does the actuarial data show?

I said earlier that insurance legalese is boring, sometimes facts can be boring. It’s easier to wrap stories around dramatic events and to build policies on them. But people can build policies on data too. And the data in this case tells a different story.

Dr. Deborah Azrael, Harvard public health expert, has done decades of research about guns, women and self-defense and talked about it in this excellent Salon interview: (Emphasis mine)

What we know is that unintentional gun deaths, when there are more guns and they’re more accessible, unintentional gun deaths will increase. What we know is that alcohol and guns are a terrible combination.

 And that’s incredibly relevant in a college environment.

Yes, in a college context, where the majority of sexual assaults involve people who know one another. Just try to imagine, you’re in somebody’s dorm room, you’re in someone’s apartment, now they’re armed because they’ve been convinced that they should have a gun to protect themselves. If that gun is there, actuarially, that person is at greater risk of dying from that gun than they are of any other event happening.

Stop trying to politicize gun accidents Spocko!

Do I really care about the health and safety of the students and staff at Liberty, or do I just want to use a hypothetical tragic accident in the future to make a point? First, yes I do care about their safety.  It’s terrible when innocent people are injured or killed with a gun. Second, I’m trying to use tens of THOUSANDS of actual tragic accidents to make a point.

Historically and statistically if there are guns, there are going to be unintentional gun injuries and deaths in the years to come. 

The schools can continue to push the idea that it makes a lot of sense to have a gun for protection — despite all of the evidence to the contrary. But their insurance carriers have the obligation to look at the historic realities of guns on campus.

The carriers’ job is to figure out the risks of guns on campus, and then decide if they want to take it on. If they think it is too risky, they can do what EMC did in Kansas and decide not to cover schools that arm teachers.  But there are other alternatives: raising premiums, changing liability laws, hiding settlements, change what is covered, get the US government to assume the risk. Several of these are being used now.

To be fair, Liberty might be able to pull it off. They have a self-selected demographic with shared values. Their students, facility and staff might become the best trained, most disciplined group of gun carriers in history! Everyone might score 100% perfect scores on ever safety test!  It could happen!

Maybe on their campus guns will never be used by anyone to solve conflicts between people. Perhaps their students with mental illness won’t be tempted to use them. Contrary to previous evidence, drinking and guns on their campus will mix as smoothly Kenny G and Michal Bolton.

While students and teachers with itchy-trigger fingers are waiting to save the day, let’s keep looking at the data and keep informing the money people every time there is a gun accident that could have happened at Liberty U.

Maybe the only times guns will be used will be when their “good guys and girls with guns” successfully identify– and then kill–bad guys with guns. Maybe nobody else will be accidently injured in that process.  This scenario seems like a long shot to me, I guess i just don’t have their faith.

 

Qapla! We’ve disrupted the RW radio advertising model

My friends at Media Matters For America put up this video pointing out that Rush Limbaugh is no longer the goose that laid the golden egg. In fact, he hasn’t been for years. It’s news now since he is in contract negotiations.  It’s too bad some media outlet won’t dig deeper into what happened to Rush and the AM broadcast radio business.  Right wing radio is no longer a safe place for most consumer advertising. How this happened and what it means might be a good story–if they cared to write it.

They could examine the impact of the revenue decline, but also the reasons behind it.

I don’t expect anyone in the media to “follow the money.” since the money raised for political candidates goes into media buys. But if one did, they might find that lowered revenue expectations and dark money are now keeping Rush afloat.

The political press will talk about how powerful Rush still is and how he and his brethren (cistern?) helped bring us the extreme right wing GOP presidential candidates. They can ignore the lost advertisers, since that is not their metric for power.

The business press might write about the advertisers that . . . → Read More: Qapla! We’ve disrupted the RW radio advertising model

How to stop the NRA’s Arm The Teachers Scheme

http://www.spockosbrain.com/wp-content/uploads/How-to-Stop-The-NRAs-_Arm-the-Teachers_-Scheme.mp4 I made this a few years ago trying out some new animation software. Now with states like Georgia trying to put guns on college campuses this can be brought up again. Who insures Georgia campuses?

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Take a short, fast trip to Paris via hyper-lapse

I went to Paris a long time ago. It’s all a blur now, but thanks to modern technology I can relive that blur in HD in 2 minutes!

I tried to watch in full screen in 4K, but my local modern technology couldn’t keep up. Try it at 2K if you also have a slow connection.

One of the first things I ever saw on the World Wide Web were photos from the Louvre. Look at art you could never visit in person!  People were in “It’s like TV, only on a computer” mode because they didn’t know how to use it yet.  Just like TV was “radio, with moving pictures” at first.

Just for fun I went to the actual Louvre website today. They still have photos, but in a crummy slideshow format. They aren’t even high resolution–although I’m sure you can buy some in the gift shop.

They have two online media “virtual tours”  were you were allowed you pan around a bit. They also have a mobile app, which might be nice, but it’s only for Apple products.

How we interact with the world via our devices has changed as the technology has gotten better, but . . . → Read More: Take a short, fast trip to Paris via hyper-lapse

How dark money infects American minds

I recently listened to two interviews with Jane Mayer on her book Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right. 

During the interviews she explicitly pointed to the power of the Koch Machine to change the public opinion and attitudes with their think tanks, universities, and media.

They push a idea that the climate problem doesn’t exist, or–if it does exist–there is nothing we can do about it. 

Marketeers and messaging gurus from the fossil fuel industry have invested 100’s of millions in a narrative that rejects science and human governments’ ability to act. They want to destroy the hope that we have the ability to make changes.

They throw doubt into scientific successes (“Blank can never replace coal/oil/gas”) while killing legislation that supports other forms of energy

In the superior interview Mayer gave on The Majority Report with Sam Seder she talked to an audience who knew of the Koch brothers and understood the damage they have done that goes beyond elections.

The Koch network’s influence extends into academia, media, state and local politics. This influence will continue no matter who is elected President this fall.

In the interview  on KQED’s Forum, host Michael Krasny suggested that because the Kochs aren’t winning . . . → Read More: How dark money infects American minds

In the face of a dark future, there’s hope

I really enjoyed the recent GOP debate. It had the highest LPMs (Laughs Per Minute) of any Presidential debate in history. But after the laughs, it must have been depressing to see your fellow humans campaigning to get rid of environmental protections and your EPA.

Science News, photo by Todd McInturf/The Detroit News via AP

If my human emotions ruled me, I would be very depressed about the future of America right now.  Fortunately my rational, logical, activist side is in control, so I’m fine.

When I see tiny humans being poisoned, with no urgent steps taken to solve the problem, I wonder, “What is wrong with you humans?” Even the Borg protect their babies!

A healthy baby Borg. Resistance to its cuteness is futile.

Fortunately, there are humans who are working to solve your problems and help others. Some of these people have a more optimistic view of the future than others, so when dark headlines fill my tricorder, I find them to listen to, read and watch.  One of them is Hugo awarding-winning author Charlie Jane Anders.When you poison your own people, deny the science that shows the problem and then don’t race to fix it–the Galactic community wonders if classifying humans as sentient was the right move.

. . . → Read More: In the face of a dark future, there’s hope

It’s Time For Armed Bullies To Face The Law

“Don’t be afraid of those roadblocks, drive up there and shoot them!”    -Sean Anderson

The current stand off in Oregon is not over. As of 2:00 pm Friday January 29th, 2016 four are still at the refuge.

 

 

 

 

 

 

Below is a video of one man at the refuge asking people to come help him. Listen as he tells them exactly how they should impede officers of the United States from discharging their official duties.

“You a militia man? Come get some! It’s what you been training for, preparing for. We just happened to be the ones to step in it for ya. Now we are here. We need you. We want you, we welcome you.

“Don’t be afraid of those roadblocks, drive up there and shoot them. They are dishonorable, not following their oath, not protecting the American people, [we’re] good patriots fighting for our rights, they’re the terrorists.”

“Any LEO, military, law enforcement or feds that stand up and fuck their oath–don’t abide by their oath–are the enemy!”

“If they stop you from getting here, kill them!” (Oregonlive video link)

Four holdouts want charge dropped for one to end occupation.  Les Zaitz | The Oregonian/OregonLive

This specific . . . → Read More: It’s Time For Armed Bullies To Face The Law

DHS Predicted Armed Standoffs In August. Why no FBI or DOJ action?

In August 2014 I predicted that if the FBI and DOJ didn’t act following the actions by  Bundy supporters in Bunkerville, Nevada in April, armed stand-offs like the current one in Oregon would happen.

I’m pretty good at predicting the future, but I don’t expect people to listen to a time traveling Vulcan. But why didn’t they listen to the Department of Homeland Security?

Bundy supporter and armed protester Eric Parker from central Idaho aims his weapon from a bridge next to the BLM’s base camp near Bunkerville, Nev April 12, 2014 Photo Jim Urquhart -Reuters via KLAS-TV 8

In August 2014 the Department of Homeland Security (DHS) put out a report, titled“Domestic Violent Extremists Pose Increased Threat to Law Enforcement and Government Officials,”

Bill Morlin from the Southern Poverty Law Center wrote about it.,

The report found that Cliven Bundy’s militia-backed standoff with Bureau of Land Management agents in April galvanized “some individuals, particularly militia extremists and violent lone offenders, to actively confront law enforcement officials, increasing the likelihood of violence.” Furthermore, the report adds, “this perceived success likely will embolden other militia extremists and like-minded lone offenders to attempt to replicate these confrontational tactics and force future armed standoffs . . . → Read More: DHS Predicted Armed Standoffs In August. Why no FBI or DOJ action?

I needed a gun for Christmas, not a stupid helmet!

After Christmas on Vulcan I would call my best friend and ask him what presents he got. We could compare notes and then meet up to play with our toys or to show them off. (Because Christmas is so much better if you got cooler toys than your friends.)

If this year we were playing war, I needed a big gun like, the Johnny Seven O.M.A. – One Man Army Gun – Topper Toys 1964

The best selling boys toy of 1964! Seven guns in one, which included: Grenade Launcher, Anti-Tank Rocket Launcher, Anti Bunker Missile Launcher, Armor Piercing Shell, Rifle fires 10 Bullets, Slide Bolt Action Machine Gun, Detachable Cap Pistol which fires shells. Detachable Stock & built in Bi-Pod. Over 3 feet long!

Description from Time Warp Toys

“You’ve won with Johnny Seven, the one man army gun!”

As you can see from this commercial, we were training to become the leaders of squads of commandos in World War II, so we wanted needed armor piercing shells and anti-tank rocket launcher to take out the Nazi tanks and save the world.

Later, during the cold war, we were training to become spies. Spies were cool. You worked alone, your . . . → Read More: I needed a gun for Christmas, not a stupid helmet!

Star Wars Fans Can Bring Real Guns into Marcus Theaters

This is disturbing. At the Marcus Corporation theaters (NYSE:MCS) in Nebraska people with concealed carry permits can bring their real guns into the movies anytime they want. This includes the opening night of Star Wars: The Force Awakens. However, their costume policy says you can’t bring fake weapons or props that look like real weapons into the theater. Fictional props, like light sabers, are okay.

As crazy as it sounds, the Marcus Theaters’ fake gun policy is stronger than their real gun policy! I go into details below, but for now I think that Star Wars fans in Nebraska should know what they might be walking into.

 

Although I just spotted AMC’s weapon and costume policy last week, (photo), the Star Wars cosplay people have known about various costume restrictions since October. Big chains even put their costume policy info on their posters. The costume policies were created in the wake of the Aurora and Kentucky theater shootings, it’s very sad, but understandable.

But since I write about politics and gun violence, as well as science fiction, I wanted to confirm and compare the various movie chains’ costume gun policies and their real gun policies.

First I checked . . . → Read More: Star Wars Fans Can Bring Real Guns into Marcus Theaters