AOR Interviews President & Founder of Safer USA David Lombardo - 2024 NRA Annual Meeting
June 12, 2024
Criminal defense attorneys Andrew Marcantel and Rachel Moss interview the president and founder of Safer USA, David Lombardo, at the NRA Convention in Dallas, Texas. The discussion covers the legal importance of human factors in firearm incidents, civil liabilities faced by gun ranges, and how court perception often exceeds the truth.
The Psychology Behind Firearm Use
A key theme in the conversation was human factors. Mr. Lombardo discusses the interaction between humans and technology. His early work in aviation research during the 1970s focused on how pilots make errors. He emphasizes that whether it’s handling a firearm or flying a jet, the critical factor is often not mechanical failure but human error. He recalls the story of a man who was charged with first-degree murder. He notes that, though it was later reduced to manslaughter, improper handling of the firearm led to the unintentional discharge.
“Safety is like a net… We were kind of looking at developing an umbrella safety system that fits all occasions.”
-David Lambardo
The Palsgraf Standard and Range Safety
Mr. Lombardo highlights a foundational legal case, Palsgraf v. Long Island Railroad Co. This 1928 case established the concepts of foreseeable risk and proximate cause in negligence law. This principle is relevant in environments such as gun stores and shooting ranges, where foreseeable risks are significant.
Mr. Lombardo cited multiple cases where clients were seriously injured due to poor training, missing emergency policies, or lack of standard operating procedures. One example involved a store employee accidentally shooting himself in the hand. Not only did staff fail to call 911, but a coworker started mopping up blood instead of providing aid. The failure to put even basic emergency protocols in place resulted in a $1.1 million settlement.
“Palsgraf boils down to… You have to ask yourself what reasonably could go wrong? What could you reasonably expect? What are you going to do to prevent it, and what are you going to do if it happens?”
-David Lambardo
The Role of an Expert Witness
Mr. Lombardo explains that his role as an expert witness isn’t just to inform but to persuade. Drawing on his years in journalism and comedy, he notes that he keeps juries engaged. From highlighting comparative negligence in civil cases to explaining why a poorly designed safety system failed, he has the ability to simplify complex technical issues.
“In court, the truth is irrelevant. The only thing that matters is perception.”
-David Lambardo
The Push for Industry-Wide Reform
Mr. Lombardo spends his time consulting through his organization, Safer USA, and his expert witness platform, GunTestimony.com. He highlights the importance of safety management systems in gun ranges and firearms retail. His plans include regular staff training, emergency response procedures, documented hiring protocols, and incident reporting and debriefing. He explains that too often, ranges and stores are run by gun enthusiasts without a business or legal mindset, which can expose them to serious liability.
“You literally need to know from the time I unlock that door to the time I lock that door. At the end of the day, I have to have it accounted for.”
-David Lambardo
For anyone facing criminal charges, don’t face the system alone. Seek out an experienced counsel who’s ready to fight for your future, like the attorneys at Attorneys For Freedom Law Firm. Are you interested in learning more about our Attorneys On Retainer Program and how we provide our members with legal defense, financial support, and peace of mind? Please call 866-404-5112 or email us.
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