Are you Liable if...

[A 7.62 Exodus]

Ok, this situation just came to me. Forgive me if i have posted it in the wrong section, i see this as a self defense question.

Situation: You are CC'ing while out to dinner with your family at (insert restaurant name here). While enjoying your (insert food here), a sleaze bag enters with a pistol demanding money. You pull your (insert gun here) and demand he drops his weapon. He turns his hand holding the weapon towards you, presumably to fire. You unload three well placed shot, one severs the perps. spinal cord.

Multiple weeks (or years) later you receive a letter stating the the man you shot is taking you to court for the damages caused by the severd spinal cord.

So, my question is, are you liable in this case?? What are the chances the dirt bag gets hundreds of thousands of dollars off of a man preventing a robbery?

 

[BDBHoover]

There is no duty to retreat in Indiana..... If presumably you had a reasonable assumption that the robber was going to cause serious bodily harm or death to you, you were in your rights to use deadly force...... IANAL (I am not a lawyer)...... But in my opinion..... Your in the clear.... that does not mean that they will not try to sue for damages.....

 

[45calibre]

you cant be held in legal jeopardy for using lethal force in fear of death or serious bodily harm.

 

[longbarrel]

If it were three well placed shots, the perp would be dead?? right.

 

[45calibre]

If it were three well placed shots, the perp would be dead?? right.

lol smart guy

 

[TMU317]

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.



Does this cover civil liability? I know there are examples in other states where the shooter has been sued but I do not know of any off the top of my head in Indiana.

 

[longbarrel]

lol smart guy

I'm serious.)

 

[littletommy]

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.



Does this cover civil liability? I know there are examples in other states where the shooter has been sued but I do not know of any off the top of my head in Indiana.

The way I've always understood it, is no legal jeopardy OF ANY KIND WHATSOEVER....would seem to cover civil liability.

 

[Dead Duck]

Lawyers run the world. You can try and think of the most absurd cases out there, and guaranteed that some lawyer has already won it.

Head shots count - Just put in body shots for show.

 

[96firephoenix]

you can file a suit for anything. I would file counter-suit for the cost of your ammo and untold emotional trauma from having someone try to point a gun at you. Also, I'd file a motion to have his suit dismissed.

 

[RoyalTenenbaum]

My understanding of the law is that he is absolved of any liability related to the defense of self against lethal force. That doesn't mean that an attempt to bring suit can't occur. So he may find himself paying a lawyer for an hour or two to get the case dismissed with prejudice.

 

[B27R]

I'd LOVE to hear from the resident lawyers on this. Who are those guys girls anyway?

 

[Lucas156]

You pointed your gun at him first. Just sayin' If someone else is getting robbed ten feet away are you in fear of your life? It would probably be a case by case basis. I doubt he could sue you if you were in the right.

 

[lovemachine]

I'd rather be sued than be dead...

 

[MAJB Retired]

First, you need more time on the range.

But seriously, under Indiana law, the scumbag doesn't have a leg to stand on. You could probably represent yourself and win (wouldn't recommend). But, a counter suit for harassment, mental anguish, legal fees, etc... Maybe you could win ownership of the pice of **** weapon he had.

 

[Smokepole]

Lawyers run the world. You can try and think of the most absurd cases out there, and guaranteed that some lawyer has already won it.

Head shots count - Just put in body shots for show.

MMMMMMMM!!!!! Body shots. No wait ! ! ! Wrong kind of body shots. OUCH ! ! ! ! ! !

 

[24Carat]

MMMMMMMM!!!!! Body shots. No wait ! ! ! Wrong kind of body shots. OUCH ! ! ! ! ! !

LOL! Yeah, I had a visual of a shapely, tanned belly button full of Patron. Circa 21 YO!

 

[Denny347]

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.



Does this cover civil liability? I know there are examples in other states where the shooter has been sued but I do not know of any off the top of my head in Indiana.

"legal jeopardy" would be criminal. Same as "double jeopardy" means to not be tried criminally twice for the same crime. Civil liability is an entirely different monster. Unless you are wealthy or similar, your chances of getting sued are slim. Lawyers go where the money is. Me, getting sued is not unusual. Doing my job well and 100% legal means nothing when it comes time to sue. The city has deep pockets and criminals will lie through their teeth to get into them.

 

[newtothis]

You could be sued, and he could win. There was a case years back where a burgular attempted to enter a residence via a glass roof. The burgular fell through the glass in an attempt to gain entrance, and sliced himself open on a non-serated steak knife; he took the owner of the residence (an 80 year old widow) to court and won 15,000$.

Any slick lawyer could state that his client was not a threat prior to you engaging the individual. They in theory could (and in all actuality, probably would) go with the angle that your use of force was excessive after striking the assailant not once, but two times after only giving him one chance to drop his weapon. "Your actions have affected and will continue to affect the assailants ability to live a full life due to having been paralyzed by your actions,and therefore the real victim in the matter is the assailant; as a result of your callous actions, the assailant should be compensated for their profound financial loss and physical/emotional trauma as a result of you deciding to be "a hero" or deciding to act like "a cowboy".

In all likelihood you would lose. The attorney for the victim would ask if you were a policeman (your response being presumably "no") or if you had any training that would lend creedence to the belief that your actions were appropriate for the "misunderstood" situation ( the response of "I took a CCW/ LTCH handgun course" or a "firearms self-defense course" would not hold any water).

My suggestion, Dont use lethal (or potentially lethal force) unless there is no other option. There are simply too many ways for it to turn sideways, in a short period of time.

 

[IndyGunner]

Head shots count - Just put in body shots for show.

Meaning head shots are illegal?

What if you aim at the chest and the third shot hits them in the head. Can I just claim that im not that great of a shot