What if someone shoots at a burglar in their house, but the bullet goes thru the wall and kills the neighbor?

Question

Are they liable?

Answer 1

Not to sound like an attorney, but the answer does depend on the intent and motives of the shooter. In most states, a homeowner has a duty to retreat even before he can use deadly force to protect his person. Every state agrees that a homeowner cannot use deadly force to protect his property. If the owner was shooting at the burglar in self-defense of his person he has a much better argument that the shooting was justified than if he was shhoting to protect his property. The law requires owners to allow burglars to make away with property.

In short, the owner may or may not be criminally liable for the neighbor's injuries, but will be civilly liable regardless. The law expects us to be liable for the reasonable consequences of our actions, and if you discharge a firearm, it is reasonable that a bullet would travel thhrough a wall and stike another individual.

Answer 2

I didn't hear about the case, but I can tell you that legally - you cannot use deadly force for a "property" crime. In other words, you cannot kill someone for stealing - especially if they're LEAVING; there's no threat to your life that would legallly allow you to use deadly force. Now... if they turned and faced you with a weapon or pointed a gun at him while fleeing, he might stand a chance, but the argument will be that he should not have gone outside and put himself in that danger; especially when he already had the police on the phone and would have been enroute; it's their job. I know that's not what anyone wants to hear and I don't necessarily agree, but that's the law and I've seen good, upstanding, honest, "innocent" citizens go to jail for things like that. A Burglar could conceivable get Probation or a short jail/prison term for that crime and the person that shot the Burglar could get all the way up to life in prison for murder or attempted murder. It's kinda farfetched, but not worth the risk for property that can be replaced - even if the police don't happen to catch them and get it back for you anyway.

Answer 3

Yes, they are liable. They would most likely be charged with negligent homicide in the 2nd degree. 1st degree shows intent, while 2nd degree is absolute negligence or carelessness. The fact that a burglar was intruding and the person was defending themselves, a court will look at it as though you had no right to discharge a bullet.

Answer 4

You’d be facing a wrongful death suit and probable jail time for Involuntary manslaughter. You’d better hope that the burglar was armed and your neighbor wasn’t liked.

Answer 5

Depending on the situation...possibly.

if you were justified then maybe not...the burgalar would be charged with felony murder.

But if you were not justified you would be liable.
Lets say you come downstairs and see 2 guys watching your new tv...if you shoot them you are liable and guilty of manslaughter if they were not threatning you.

Answer 6

Most likely.

Answer 7

yes and that is a good reason to use frangible ammo. actually a shotgun is better suited for home protection

Answer 8

You're liable.