Shot at KMart, victim files suit
The Cincinnati Enquirer is reporting that Patrick Daly, who was shot trying to help KMart shoppers escape a violent criminal named Paul Faith last August in Cincinnati, has filed suit against KMart Corp., two unidentified employees who he says recklessly chased Faith through the store, Faith's estate, Faith's unidentified mental health care provider and the unidentified gun shop where Faith bought the gun he used to shoot two people.
From the story:
- The Dalys, of Mount Healthy, were at the Kmart store on Colerain Avenue in Groesbeck doing back-to-school shopping Aug. 24, when they heard gunshots.
Faith, 25, killed store employee Paul Heid, then turned on Daly, shooting him twice as Daly helped others escape.
The spree ended with Faith killing himself after leaving the store.
The newspaper notes that Daly's suit was filed just hours before a new law limiting the amount of money people can seek in personal injury lawsuits took effect in Ohio.
At the time of the shooting, a Hamilton County Sheriff's spokesman, told the Associated Press that Paul Faith had no license to carry the 9 mm semiautomatic handgun that was used in the shooting. According to Hamilton County court records, Faith had been convicted of carrying a concealed weapon in 1997.
The media never revealed whether or not this KMart had posted itself as a "no-guns" victim zone, rendering customers defenseless. What is known is that KMart bars employees - like the deceased, Paul Heid - from their right to self-defense while at work. As such, while it would be tempting to root for the idea of seeing an anti-gun business (KMart and its spokesperson Rosie O'Donnel have long taken a position against law-abiding gun owners) held accountable for such an incident, it is important to note that Daly did not stop at suing KMart. Somehow Daly and his attorney believe a medical professional and gun store are to blame for the actions of Paul Faith.
Self-defense advocates know that since there is no way to control when or where you may be attacked, the safest course of action is to be prepared. The same principle applies to homeowners who purchase fire insurance, drivers who purchase collision insurance, etc. While there may indeed be examples of businesses who deserve to be held liable for rendering customers defenseless, it would seem Daly is seeking to blame everyone else but himself for being caught defenseless when trouble came calling.