Herland v. IzattAnnotate this Case
After a night of heavy drinking at a party hosted by Travis Izatt, Neely Creager picked up Izatt’s loaded handgun and accidentally shot herself in the head. The shot killed her. Creager’s estate filed this negligence action against Izatt, alleging general negligence, negligent entrustment, and premises liability. The district court granted summary judgment for Izatt, reasoning that he owed no duty to Creager. The Supreme Court reversed, holding that gun owners have a duty in tort to exercise reasonable care in supplying their guns to intoxicated individuals, but the gun owners will not necessarily be liable for damages when those individuals injure themselves because the intoxicated individual’s negligence will likely exceed that of the gun owner as a matter of comparative negligence.