Petitioner
Alfredo P. Pacis
Respondent
Jerome Jovanne Morales
Citation
G.R. No. 169467
Court
Supreme Court
Division
Second Division
Ponente
Carpio, J.
Decided
February 25, 2010

Summary

Parents of a 17-year-old student who died in an accidental shooting at a gun store sued the owner for damages. The Supreme Court held the gun store owner directly liable under Article 2176 of the Civil Code for negligence in accepting and storing a loaded defective firearm without ensuring it was unloaded. The Court emphasized that persons dealing with dangerous instrumentalities like firearms must exercise a higher degree of care and that gun store owners have the duty to ensure all firearms are not loaded to prevent unreasonable risk of harm. The Court rejected the Court of Appeals' finding that the owner exercised due diligence by merely locking the gun in a drawer, ruling instead that basic firearms safety required checking that weapons are unloaded before acceptance and storage. This case establishes important precedent regarding the heightened standard of care required for businesses dealing with dangerous weapons and the direct liability of gun store owners for negligent handling of firearms.

Statutes applied

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By Intellegal Editorial Board · February 25, 2010

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