Are You A Sitting Duck For A Shooting Lawsuit?

Status
Not open for further replies.

okjoe

Moderator
If you are a trainer, you may be a sitting duck for a wrongful death or injury lawsuit brought against you on behalf of one of your students who is injured or killed in a close quarters (CQ), armed encounter, or on behalf of a person they injure or kill.

If you are a student, you should be concerned as you may be on the same hook.

Here is why.

Almost all students are trained in and tested on traditional CQ shooting methods of applying deadly force, and almost all of those shooting methods employ the use of one or both sights when shooting. There may be exceptions, but they are rare.

On the surface, there appears to be nothing amiss. However, those methods of shooting ARE NOT used in real gunfights. PlusP has said in prior threads, that based on a review of 900+ videos of real shootouts, sighted shooting does not occur in then. He also has said that he himself has been in one or more gunfights as a LEO, so he qualifies as having been there and done that. And he has a company that specializes in the training and application of lethal force.

I believe him. I have reviewed many gunfight videos myself, all of which support his statement. I came to that conclusion about three years ago and have been beating the drum about it since then. I even filed a patent for a device that grew out that conclusion. It can assist one in shooting accurately in shootouts, and it has recently been granted.

Further, in real gunfights, four out of every five bullets shot by police, who are trained and tested on those same shooting methods, miss and may injure or kill others. The accuracy number comes from a statment made by a former training supervisor of the FBI Academy. I think he said it was less than 18 percent. Suffice it to say that real gunfight accuracy sucks.

Further yet, police casualty rates are atrocious, one dead every seven days for the last ten years, and thousands and thousands injured during that time using current shooting methods. All the dead were feloniously shot with handguns, and with handguns other than their own. That info comes from FBI UCR stats.

Lastly, DOJ stats show that the police casualties cost us taxpayers millions and millions and millions of dollars in terms of replacement costs, medical costs, disability and widows and childrens pensions, legal costs, etc.. And guess what, unless something changes, you can expect the same for the next ten years.

The statements made about the use of sighted shooting in gunfights have been disputed with honest recollections, but no one to date has presented any real evidence that refutes them.

So what does it all mean Dean? (ala The Choirboys)

Simply said, it means that current training programs do not teach methods of applying deadly force that occur in real time CQ encounters.

So in light of the above, if you are a trainer, ask your attorney and insurer if they have any injury or wrongful death liability concerns about you training people to use methods of applying deadly force that really are not used in CQ encounters in which your trainees will stand a real chance of being shot and killed.

What they should respond with is, "Say what?" And they should also look at you as if you have a screw or bolt loose somewhere. What they will probably do, is look directly at you and calmly and say in a friendly voice, "Good question. Let me check that out and get back to you. OK?"

Then ask them if they have any injury or wrongful death liability concerns about the fact that since you give your trainees the same type of training as police professionals get, and in shootouts police accuracy is less than 20 percent, if push ever comes to shove with your trainees, four out of every five of the bullets they shoot will most likely miss and may hit or kill someone other than their target.

They will probably squint a bit, and say with a smile: "You are just full of good questions today aren't you.... Let me look into that too."

Now if you are the trainee/shooter, you also should be concerned, because if you are involved in a CQ shooting and survive by some quirk of fate, it is YOU who will be sliced up and put under the microscope of a shooting investigation, or a civil trial, or criminal trail, or all three depending on whether you are lucky or unlucky enough to have shot someone.

I understand that FOP's (Fraternal Order of Police), supply their members with insurance that covers shooting defense costs for free or for a nominal fee.

How about bullseye or sight shooting schools?
How about the NRA?
And if not, why not?

Also, since this thread is about gun use, any suggestions on an alternate shooting method to employ in real CQ encounters since traditional site shooting methods are seen in real time to come up empty when the chips are down.

Let me know if my trolley is off its track on this. I am sure you will.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>PlusP has said in prior threads, that based on a review of 900+ videos of real shootouts, sighted shooting does not occur in then. He also has said that he himself has been in one or more gunfights as a LEO, so he qualifies as having been there and done that. And he has a company that specializes in the training and application of lethal force.

I believe him.[/quote]

That, Sir, is your choise. There are those that disagree with Mr. P.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Further, in real gunfights, four out of every five bullets shot by police, who are trained and tested on those same shooting methods[/quote]


TRAINED? Pleeeeaaaase! Yea, and all Marines are "Trained & Tested" Rifleman. If by training you are talking about going to a know distance range and shooting at a target, trying to hit the highest score ring, once or twice a year than I guess that statement would be correct.

There are those that think "Trained" means shooting a minimum number or rounds a WEEK (practice) and "Tested" by being thrown into unknown "courses" of fire that are under a time limit.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>. I even filed a patent for a device that grew out that conclusion. It can assist one in shooting accurately in shootouts, and it has recently been granted.[/quote]

What, pray tell, is this magical device? ;) Inquiring minds want to know. And is it designed for the the "untrained" or the "trained" individual, or both.


------------------
Schmit
GySgt, USMC(Ret)
NRA Life, Lodge 1201-UOSSS
"Si vis Pacem Para Bellum"

[This message has been edited by Schmit (edited March 17, 2000).]
 
> Further yet, police casualty rates are atrocious, one dead every seven days for the last ten years, and thousands and thousands injured during that time using current shooting methods. All the dead were feloniously shot with handguns, and with handguns other than their own. That info comes from FBI UCR stats.

Are you saying that from 1990-1999, ALL of the police officers killed in the line of duty were killed with handguns, NONE of which had been taken from them?

If so, I think you'd better check your sources again.
 
Round and round we go...

Several members who have been there, done that, and actually HIT their target have already related their personal experiences regarding sighted fire. If a person is so scatterbrained that they panic or hasn't practiced enough to develop the right habits, then yes, they might get hurt in a gunfight. But it's not the fault of the instructor. Situational awareness, mental preparedness and practice. Try it.
 
It is a very simple gun addon that can help you shoot fast, accurately, instinctively, and rapidly multiple times and with little or no training and at night or day.

For more info, visit http://members.aol.com/okjoe/ps.htm

You can make one yourself for next to nothing and test it at your own risk if you like. 3/4 in segments of corner shaped plastic molding that is used to protect sheet rock corners and 3M double sided tape works just fine. Since it's patented, please don't make more than you need yourself. Thanks.

If you want one added to a gun you will have to see a gunsmith. I don't do that.
 
Several officers were killed with their own guns. Those numbers were dropped so sucides and situations where an officers gun is taken and they are shot, like one I read about where a crook in a police car got one of the officers gun and killed them both from the back seat, would be excluded. In other words, the number of one killed every seven days is conservative not inflated. It doesn't include those killed in car crashes either.

Also, I have found no good numbers on "wounded not killed." Anyone know where there are some? Woundings cost a lot too.

Rather than just objections, how about some suggestions of what may/will/won't work?

edited 12:23 PST

[This message has been edited by okjoe at aol.com (edited March 17, 2000).]
 
Okjoe, you make a very good point with the insurance issue. I too feel that it would be in our best interests if the NRA, GOA, whatever, made availible to their members a policy like this. With so few CCW holder shootings and such a large pool of potential new subscribers, I am sure that insurance companies would jump at the chance to fill the pockets a little more.
 
It may be of interest that the "smart gun" concept was first proposed for police use, to prevent officers from being killed with their own guns. Now the anti-gun gangsters have turned things around so that "smart guns" will be one more way to harass gun owners.

Police will be exempt because, as the Maryland State Police spokesman said, "Police lives are too valuable to be trusted to untried technology."

So police will still be killed with their own guns, and some not "valuable" lives will be lost, but corrupt politicians will be able to claim another victory over the evil NRA.

Jim
 
> Rather than just objections, how about some suggestions of what may/will/won't work?

Work at doing what? I'm not sure what you're trying to achieve. You've thrown together trainers' legal liability, police casualty rates and the inapplicability of sighted fire to actual gunfights.

Here's a suggestion: To convince people that your shooting method is superior to what most trainers are currently teaching, get some videotapes of it being used successfully in real life. Present a side-by-side comparison of your shooters hitting at whatever percentage they achieve with the conventionally trained shooters hitting only 10% of the time and let the results speak for themselves.
 
Let's not talk about my proposed method. That is not the issue here.

What is now taught doesn't happen in real time. That is the issue.

If it did, LE trainers would be shouting that out from the tree tops, and demanding merit pay increases.

Since youse guys are the experts, it should be easy for you to come up with something better. If not, I suggest that you have your lawyer come up with a hell of a good all inclusive liability waiver and have your students sign it.

Based on my experience to date, I believe that only lawsuits will force changes on the gun community. Whether that will be to the good or bad is anyones guess.

edited 1:05 PST


[This message has been edited by okjoe at aol.com (edited March 17, 2000).]
 
OKjoe,
Gimicks are not the answer. Training is the answer. "Front sight, press" is the answer. It has worked in combat in the past, and will continue to work in the future. Of course, this depends on constant training, which most do not participate in. To suggest that because non-adept shooters are incompetent that serious shooters will be too is misleading. This is akin to saying that all martial artists cannot fight because most of them treat it as esoteric aerobics...

Erik
 
That's all we need, another set of dumb secondary responsibility lawsuits to clog the courts and draw attention away from real responsibility.

A while back, a dumbass ran a stop sign and t-boned my Subaru. Does that mean I can sure her Driver's Ed teacher?

As for how people actually shoot in an encounter, the logic above would justify starting a "Spray and Pray Academy". I get the impression that okjoe is trying to sell his patented little device, and maybe he sells insurance on the side.

------------------
Dave
Deep in the Florida Swamps
 
Don't care if you like it or not, use it or not, roll your own, or whatever. I am to old and ornery to give a damn. However it may save a few lives and that might be good or bad. It might be bad if it's the BG's that come out on top. Guns do shoot both ways. I'm gun neutral.

Most drivers drive in real time just as they are trained too. Some drive off cliffs. They are not trained to do that. That's their problem.

Shooters don't use the techniques they are taught to use in applying lethal force in CQ situations because the techniques they are taught, are not applicable in those situations. The word bogus comes to mind, as in bogus techniques.

If a shooter shoots off their finger that is another matter. I don't believe they are taught to do that.

But let's talk about what may/will/won't work.

edited 13:34 PST

[This message has been edited by okjoe at aol.com (edited March 17, 2000).]
 
> What is now taught doesn't happen in real time. That is the issue.

I think that it would be more accurate to say that "What is now taught isn't used".

BTW, I'm not an "expert" or a trainer, so I don't have any personal worries about liability.

Suppose, though, that I were in charge of writing the police training standards for my state. Who's going to sue me, and on what grounds?

Breach of contract? Nope, there is no contract. There's no guarantee, either. I don't know any trainers who tell their students that after graduation, they'll hit the target with every shot. And even if there were an implied guarantee, I could always claim that the student failed because he didn't apply the training I gave him.

Negligence? I'm only negligent if I'm not doing the best job I can. Since I'm not aware of any training methods superior to my state's current system, I can't be at fault for not using them, can I?

I think that we'd be better off discussing training methods without dragging in lawsuit scenarios. Whatever works best does so whether a court says so or not.

As to the success or failure of training police in sighted fire techniques, it's hard to judge without context. Is a 90% miss rate really "bad", or is it close to the best that we can expect in the real world? We could compare it to the miss rate of the U.S. Army in the Vietnam war and say it's fabulous because the police ratio of casualties inflicted per round expended is a hundred times better than the Army's. I don't think that's a fair comparison, but what other sorts of comparisons can we make?
 
I'm with Erik on this one. To say that those who seriously train will perform poorly because those who do not train perform poorly does not follow.

My instructor (Gunsite) has been in seven shootings in his law enforcement career. Each time it was his training in the modern technique that has saved him.

As in the martial arts, no technique is applicable to everyone in all situations. It is up to the individual to know how to make his training work for him. Nobody (successfully) sues an Aikido or Wushu instructor because their flowery or flowing techniques didn't come out on the street the way they had hoped.

Tim
http://www.streetpro.com
Street Smart Professional Equipment
NRA Certified Firearms Instructor
AZ DPS Certified CCW Instructor
 
You know what really pisses me off?
We're always hearing about the LEOs killed, of how many don't even get to draw their weapons, etc. But what about the thousands that didn't, the ones that prevailed because of their training and tactics. You never hear about them, the guys that patrol the streets everyday, and DO do the right thing, and come up on top of a bad situation.
I know that even one person killed is too many, but to generalize, and imply that we're all a bunch of morons when the time to use deadly force comes will not cut it for me.
 
Interesting thread. I read an article in Combat Handguns (I think) about two weeks ago that referenced a study someone had done on what happens physiologically in a gunfight. The point was that WTSHTF, and you're in 'fight or flight' mode, the Sympathetic Nervous System takes over, and among the things that happen is that your depth perception flattens out to the point that focusing on the front sight becomes neigh on impossible. It also supported a number of the points that okjoe is making regading teh fact that you don't have time to find your sights, etc. (I'll dig out the issue and provide a proper citation onver the weekend -).

At any rate, it makes a stong case for point shooting. I practice both, and all I can say is that I'm getting better at both, but I'm definitely faster point shooting with only slightly less accuracy.
Stay safe, M2
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Shooters don't use the techniques they are taught to use in applying lethal force in CQ situations because the techniques they are taught, are not applicable in those situations. [/quote]

So are you saying the thousands of man hours of training and untold number of rounds fired by members of SEAL Teams/SAS/etc are all for nothing? :rolleyes:
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mike in VA:
The point was that WTSHTF, and you're in 'fight or flight' mode, the Sympathetic Nervous System takes over, and among the things that happen is that your depth perception flattens out to the point that focusing on the front sight becomes neigh on impossible.
[/quote]

Mike,
I must repectfully disagree with the article summary in your post. I am permanently and totally blind in my right eye. I shoot left handed, with both eyes open. I can not lose depth perception under stress, because I have nothing to lose. I can certainly focus on my front sight, as that is a function of ocular lense flexibility, not depth perception. I repectfuly submit that depth perception is not a prerequisite for the ability to focus on the front site, during stressful situations or at any other time. Anyone who attends NRA highpower matches will attest to the number of shooters who wear a blinder on their off eye, which eliminates their depth perception but not their ability to focus on the front site.

I will admit that I have experienced tunnel vision during extremely stressful situations. I consider this more of a threat than lack of depth perception, as my visual field is already restricted (and flattened) under the best of circumstances. Fortunately, this condition is not hard to simulate. Take your shooting glasses and apply electrical tape to the lenses so that you have only a 1/2" square opening left to look through on each lense, centered in the lense. The resulting visual field is small but usable.

I've shot with "tunnel vision" glasses on (in my case, only the left lense needs the tape) and have found that the only position I can consistently use is the isoceles hold. This position is not my favorite, nor is it my most accurate, but it does force me to keep my head erect, and most importantly it forces me to keep the muzzle of my pistol (and the all-important front sight) in the center of my stress-diminished field of vision.

I'm not saying everyone experiences tunnel vision, but I know I do and I try to train like I know I'll have to fight: One-eyed, tunnel visioned and no depth perception.


Hey, maybe I should patent or market "The Keystone Device" (taped up glasses anyone?) :)
 
If someone knows that something is not found to occur in life and death situations, and then goes ahead and says or suggests that it will, and then has people practice it, and then certifies them as being proficent in it, and then sends them out or into a situation in which they may get killed, is to me, both dishonest and dishonorable.

Whether or not its illegal or actionable has little to do with that.

I know that cops take it on the chin a lot from the public and from shooters, just read some threads. So, what do you expect?

I have been taking it on the chin from the cops for the last several years for even suggesting that what they are doing is dead wrong as far as CQ gunfight training is concerned. I expected much better, and have gotten much less. So what?

edited 10:51

[This message has been edited by okjoe at aol.com (edited March 18, 2000).]
 
Status
Not open for further replies.
Back
Top