Angela’s Angle: Who Can You Blame?

I recently watched a video on a lawsuit pending with Cabela’s over the sale of ammunition. In Nov. 2016, Jake O. Klocek purchased ammunition in the Cabela’s store in Cheektowaga, New York. A few days later he accidently killed Anthony King, a friend he invited over while housesitting. Who can you blame for this accident? Jake Klocek.

Selling Ammunition at Cabela’s

The victim’s family contends that Cabela’s should have used “reasonable care” in selling the ammunition to Klocek. And show concern with the possible result of serious injury or death to another. The family seems to want the store to question the sale of every item stocked and the purchasers’ intended use after they leave the store.

I am not going to deliberate the merits of the case but have concerns about holding a store liable for your actions with a product after you buy it.

Banana Peels are a Slippery Slope

What happens if you buy bananas at your local grocery store and later slip on the banana peel in your kitchen? Can you go back to the store and sue? You would not have slipped on the peel had the grocery store not sold them to you. See the slippery slope?

Let’s take it a step further. What if someone bought the bananas with the hope that they would slip on them so they could later sue the store?

Personal Responsibility for Your Actions

Where does personal responsibility for your actions begin?

I believe once you buy the product and depart the store, you are responsible for your actions. You must accept your individual behavior and live by a set of standards you have practiced since birth. How does the store know what you intend to do with the banana or the ammunition?

You may have bought the bananas for someone else, in which case you will not peel the banana in the future. No peel, no fall! The store does not know you will accidently shoot someone with their ammo, just that you purchased it for later use. Some will argue Cabela’s should not have sold the ammo to a 19-year old – but that is a separate issue.

Who Can You Blame When you Purchase Ammunition?

But who can you blame for your actions? You!

Did you tell the store clerk you were buying the ammo to kill your friend? If so, you have other life challenges, and the store clerk should probably say something to the manager or not sell you the ammo.

This case is not about Cabela’s selling ammunition to Jake Klocek. It is about Klocek making the personal decision to load his gun with ammunition purchased at Cabela’s and accidently shooting his friend. Whether it was accidental or on purpose, the store shouldn’t be held responsible for it as long as it was legally purchased.

Do not blame the store for selling the banana or the ammunition. Blame the individual for falling or shooting. Take back the responsibility and own it.

The Maverick Observer, or “The Moe” as we affectionately call it, is an online free-thinking publication interested in the happenings in our town. We launched in February 2020 to hold our politicians and businesses accountable. We hope to educate, inform, entertain, and infuse you with a sense of community.