If you paralyze someone in self defense, can they turn around and sue you for damages? If so, what are the odds of getting out of it?
Ethically, my actions were justified as my life was in serious risk.
I also didn't get charged with anything for the same reason.
2007-12-12 06:00:41 · 8 answers · asked by Walkin on Sunshine! 2 in Politics & Government ➔ Law & Ethics
Let me be a little more clear, I put the guy in a wheelchair, and he came at me with a machette. Neither of us are willing, or allowed, to go within 50 feet of eachother. Apologies are almost certainly out.
2007-12-12 06:14:12 · update #1
They can sue as the law does not require them to prove anything to file a suit. If they win or not would depend on the facts of the case. However with the cost of defending yourself even winning can be losing.
A cop once told me "When you shoot, fire two shoots. Dead men don't sue"
2007-12-12 06:10:47 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Anyone can sue anyone.
If they sue you, you have to defend the case in court.
It is an affirmative defense (an "I did it, but...." defense) that your actions were reasonable and necessary to defend yourself. Whether your actions WERE "reasonable and necessary" will be up to the jury to decide.
In a criminal case the State has to prove that you committed a crime "beyond reasonable doubt". In a civil case, the other party has to prove you're liable by "the preponderance of the evidence" - say 95% sure in a criminal case, 50.000001% sure in a civil case, so the fact that you were not criminally charged doesn't automatically mean you'll win your civil trial.
Richard
2007-12-12 14:09:19 · answer #2 · answered by rickinnocal 7 · 3⤊ 0⤋
Yes unfortunately they can and likely will sue you, and depending the state you are in they stand a good chance at getting damages from you! I know it sucks , but that's what happens in a society that rewards villainy!!
You should have gone for the kill shot a criminal with no head no longer poses any threat!!!
2007-12-12 14:18:52 · answer #3 · answered by Anonymous · 0⤊ 1⤋
If they get a good attorney you will definately get sued. I would talk to an attorney. If you know this person I would also make an attempt to apologize to them and show some sympathy toward them because that scores brownie points if you ever have to have the case heard by a jury.
2007-12-12 14:10:04 · answer #4 · answered by chaz 5 · 0⤊ 2⤋
My friend you are screwed
We live in a world where self-defense does not exist anymore
where in a situation no one person is 100% guilty I can only wish you good luck.
2007-12-12 14:07:45 · answer #5 · answered by Anonymous · 1⤊ 1⤋
In the UK, you can use 'Reasonable force'. You need a good lawyer to resist any action, and maybe consider suing HIM for 'malicious litigation'
Good luck.
2007-12-12 14:16:16 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Yes they can; and who knows. OJ was found guilty once and innocent once. No jury is a sure thing.
2007-12-12 14:05:09 · answer #7 · answered by wizjp 7 · 2⤊ 0⤋
yea they can. maybe you should have just let them beat u up a little then you could have sued them!!!
2007-12-12 14:11:23 · answer #8 · answered by Besos 2 · 0⤊ 1⤋