Loyalist Dave
Member
TV is based out of California and New York. The writer's base their scripts on laws on those states. "Intentionally" means you meant for a person to die. "Reckless" means again, you meant to do what happened when it comes to motor vehicles. "Negligent" means a reasonable person would've concluded that such an action would've caused X result. This is why it's sooo much easier to prove negligence compared to recklessness, as there is no "intent" in negligence. Now depending on how you do your testing, you could follow the Spanish model, and only test say, one out of every 5 guns off the assembly line, and say "Hey that's how the proof house in Spain does it, and lots of guns out there are stamped having been proofed in Spain." Meanwhile..., out of the four untested guns, one could have a defect. Now would a reasonable person agree that the Spanish model of testing was a good one?As a faithful watcher of many Law & Order TV show reruns, IMHO a company officer can be held criminally liable for deaths that result from their intentional negligence.
Those prosecutors on the show go after all kinds of corporate bad guys once they realize how they intentionally contributed to someone's death.
Yep, they charge them with homicide and try to send them to the slammer.
Further, it has to go to court for the above to matter one little whit...., IF the corporation doesn't have large assets, it can simply fold, turn over what it does own to the plaintiff, and that's that. You cannot get blood from a stone, especially if that stone doesn't exist any longer. This is why some states you will never see a barrel making company, since those states say if the corporation can't pay, you can go after the corporate officers as individuals. Other states, NOPE, they are not held liable.
LD