Caller: If I own a store and allow people to come in with concealed carries and someone gets shot, am I, as the business owner, liable for the shooting or killing? Am I responsible for searching people for concealed weapons to ensure they aren’t carrying?
If you didn’t do anything wrong, you would not have any liability.
Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you aren’t required to do so. You can also post a sign prohibiting concealed weapons, but you wouldn’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.
I, personally, would not attempt to search people for a concealed weapon.
Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?
So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.
Helpful information:
Ordinary care
Criminal negligence
Self defense
Attorney Chris Van Wagner was a guest on Vicki McKenna's Friday, November 4, 2011 show. They took questions from callers and Sigma One Group BLOGGed the answers live.
