Couple's Home Mistakenly Used For Artillery Practice 8
Kathy and Rich Nelson are still a little shell shocked after a stray 102-pound artillery shell narrowly missed their house and plowed a path through their woods. The shell fired from Camp Ripley, Minn., was one of eight inert wax-filled rounds fired during a test by BAE Systems. The shell streaked over the Nelson home, startling three remodelers, two of whom were outside sawing cabinetry materials. "I was upstairs and had the window open and I heard this loud ppsshh, like a giant bottle rocket being set off, and it wasn't three seconds and it was right over us," said Loren Patnode of Patnode Custom Cabinets.
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Negligence does not require malicious intent. As long as the party had to provide a certain level of duty of care, and failed to provide that level, they are liable. Analogy: If some gangster was randomly shooting his gun just for fun, and one of the bullets happened to stray and kill someone, he'd still be liable, both civilly and criminally, even though it wasn't his intention to kill anyone. However, unless there were actual damages (which according to the article, weren't), the couple have no standing t
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