CC Question: Duty To Protect

  • stuwest
    Elmwood, WI
    Posts: 2254
    #1279661

    As a tangent to the home invasion thread, i wanted to ask if anyone knew if there was a ‘Duty To Protect’ in Minnesota.

    We have this law in Wisconsin. The import is that is that if a business restricts CC, then they are liable to protect the patrons against threat and injury.

    I was at a shop in Texas recently where they have a DTP law. The shop had a a ‘No Guns’ sign up. My friend went up to the shop keeper and explained his legal exposure. The guy went and took the sign down immediately

    What’s the law in Minnesota??

    Palerider77
    Posts: 630
    #1115268

    No duty to protect in MN. Seems some are more afraid of defending themselves than they are of being attacked. The “Bans Guns on the Premises” signs have no force of law. If you have your gun with you and are asked to leave a private business, you have to leave, but you can walk past the signs with no legal exposure as long as you are not entering a government building. The best idea is to do a good job with concealing your weapon (imho).

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1115269

    Quote:


    We have this law in Wisconsin. The import is that is that if a business restricts CC, then they are liable to protect the patrons against threat and injury.


    Could you please provide a statute number?

    stuwest
    Elmwood, WI
    Posts: 2254
    #1115277

    Sorry, but i can’t personally and i suspect my confirming source can’t either (an IDO member who shall remain anonymous)

    BUT, maybe there is a WI gun toting lawyer who can???

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1115279

    Businesses that do not post signs are afforded an additional level of protection from liability, but exactly how much protection that is will be determined by state courts at some point in the future.

    I think you’re getting the above confused with “duty to protect”.

    I think.

    stuwest
    Elmwood, WI
    Posts: 2254
    #1115282

    Post deleted by StuWest

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1115283

    Quote:


    Businesses that do not post signs are afforded an additional level of protection from liability, but exactly how much protection that is will be determined by state courts at some point in the future.


    Randy Wieland
    Lebanon. WI
    Posts: 13297
    #1115299

    There is a good write up on the WI state Bar, but it is a bit long. I just skimmed over it and have a strong feeling that by law, businesses and workplaces for reason of liability are encouraged to do less to protect. If they simply post a sign publicly for no weapons, a class b fine up to $1,000 can be imposed. But if they put in metal detectors and it fails or someone doesn’t maintain their training, the level of liability dramatically goes up. The “duty to protect” IMHO is a glorified generic term to keep people/employees safe by only protecting them from more common or more frequent occurring things – such as hazardous cleaning product spills, wet floor, icy sidewalks,……. The key terminology is “make it foreseeable”
    I also think (didn’t read this yet) that there is a loop hole that gives businesses a general duty clause.

    Found part of it:
    WI BAR:”Plaintiffs might also try to premise liability on a failure to provide a safe workplace under 29 U.S.C. § 654(a)(1), the Occupational Safety and Health Administration’s (OSHA’s) “general duty clause,” which provides that “[e]ach employer shall furnish to each of [its] employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees.” But it is unlikely that an employer’s allowance of concealed weapons, without more, would invite OSHA oversight, especially because OSHA has not promulgated a specific rule banning weapons in the workplace, and courts have held that the general duty clause does not preempt state gun laws.62 Moreover, the Wisconsin Court of Appeals has also held that the clause is “not a safety law intended to be the basis for imposing tort liability.”63”

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59940
    #1115302

    Quote:


    Post deleted by OSHA.


    Randy Wieland
    Lebanon. WI
    Posts: 13297
    #1115311

    Common sense deleted by lawyers

    chris-tuckner
    Hastings/Isle MN
    Posts: 12318
    #1115376

    Quote:


    The best idea is to do a good job with concealing your weapon (imho).


    I have carried at every Wild and Twins game I have been to. I’ve never been asked to leave.

    Palerider77
    Posts: 630
    #1115444

    I pretty much never leave my yard without mine…

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