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Understanding Gun Shop Liability in Washington State

Gun shop liability in Washington became a major legal issue in the landmark case Bernethy v. Walt Failor’s Inc. This 1981 decision by the Washington Supreme Court explored whether a firearm dealer can be held liable for selling a gun to someone who later commits a violent crime. The ruling remains one of the most cited cases involving negligence, foreseeability, and legal duty in Washington civil law.

Case Background: What Happened in Bernethy?

In Bernethy v. Walt Failor’s Inc., a man named Robert Bernethy went to a gun store and purchased a revolver. His wife had recently separated from him, and he was emotionally unstable. After leaving the shop, Bernethy used the firearm to kill his wife.

Her estate sued the gun dealer, arguing that the shop should have known Bernethy posed a threat and had a duty not to sell him the weapon. The trial court initially ruled in favor of the gun store. However, the Washington Supreme Court reversed that decision.

Legal Issue: Did the Gun Shop Owe a Duty of Care?

The central legal question was whether the gun dealer had a legal duty to prevent harm by refusing to sell the firearm. The Court held that under Washington negligence law, a duty arises when harm is foreseeable. Because the store clerk observed Bernethy’s disturbing behavior and knew of the domestic situation, the Court found that the risk was reasonably foreseeable.

▶️ Read the full case opinion of Bernethy v. Walt Failor’s Inc.

Why Foreseeability Matters in Gun Shop Liability

In Washington, foreseeability is a key element in establishing negligence. The Court emphasized that liability does not depend on predicting the exact event, but rather whether a reasonable person would foresee the general type of harm. Gun dealers, like other businesses, must consider the consequences of their actions—especially when providing access to dangerous products.

Impact on Gun Sellers and Personal Injury Law in Washington

This decision placed Washington among the states willing to impose civil liability on gun dealers in certain cases. However, it doesn’t mean gun shops are automatically responsible for all gun-related injuries. The circumstances must show that the dealer knew or should have known that the sale could lead to harm.

At Blanford Law, we’ve handled civil cases where retailers failed to exercise reasonable care. This case remains a valuable precedent for understanding how gun shop liability in Washington is determined under state law.

✅ Key Takeaways from Bernethy v. Walt Failor’s Inc.

  • Washington law allows gun shop liability when harm is reasonably foreseeable.
  • Legal duty arises from context and behavior, not just a sale.
  • This case helped shape modern personal injury and negligence law in Washington.

📚 Additional Resources on Liability and Negligence

Call to Action

If you or a loved one suffered harm due to a business’s negligence, including improper firearm sales, contact Blanford Law today. We fight for accountability and justice in Washington personal injury cases.

📞 Call us at (253) 720-9304
📧 Email: ken@blanfordlaw.com

Get your free consultation today. Let us help you pursue justice.

📚 Related Case Law and Legal Analysis

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