Jones v. Secord, No. 11-1576 (1st Cir. 2012)Annotate this Case
Plaintiff's decedent was shot and killed by a man wielding a stolen handgun. Plaintiff claimed that the gun owner's negligent storage of the weapon and his failure timely to report its theft proximately caused the decedent's death. The district court rejected the claims. The First Circuit affirmed. Applying New Hampshire law, the court stated that the record, even construed in the light most favoring the plaintiff, does not show either a particularized risk of harm or a degree of foreseeability sufficient to animate an exception to the general rule that there is no duty to protect others from third-party criminal predations.