Thinking in Terms of Learned Hand's "Formula"
A couple lives in a hostile neighborhood. Unknown persons throw rocks through their windows. There are other acts of violence, accompanied by threats. The couple buys a pistol and stores it a drawer at the top of a six-foot-tall cabinet. Trigger locks are available, though not easy to find. They cost $50 and take four minutes to remove from the gun. Son and daughter-in-law, with their four rambunctious children aged 6, 8, 10 and 12 visit regularly. One of the children takes the gun from the drawer when everyone is in a different room. Are the gun owners negligent? Is it a matter of law or a matter of fact? How should we analyze the question? Which facts are relevant to which variables? Does it matter which child gets the gun?
Consider each of the following variations:
1. Child falls and pokes her eye out with the gun.
2. Child falls and shoots playmate.
3. Child points it at a playmate and, not thinking it is loaded, shoots.
4. Child purposely shoots playmate.