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Herland v. Izatt, 2015 UT 30 (Jan. 30, 2015)

Jan 30, 2015

Party host showed his guest his gun collection. Guest was extremely intoxicated with a Blood Alcohol Content of 0.25. Guest then picked up host’s handgun out of curiosity. Host warned guest to handle it with care as it was loaded. Guest shot herself in the head and died. Her estate claimed negligence, and trial court dismissed on summary judgment claiming the host owed guest no cognizable duty under Utah law. The Utah Supreme Court reversed and remanded, creating a new duty that requires gun owners to exercise reasonable care in supplying their guns to incompetent or impaired individuals, whom they know, or should know, are likely to use the gun in a manner that creates a foreseeable risk of injury to themselves or third parties.