self defense shooting/missing

[KnightWolf09]

I'm in security licensed to carry a .38. I have spoken about self defense in the home here on another post.

Never ever can you use lethal force to defend property of any kind.

...

You will need an attorney sooner or later. An innocent person did get shot and hopefully not very badly. He/she has a legal right to receive compensation for being shot. Think about it. If it was you that got shot, wouldn't you want to be compensated?

Thanks. I know a little bit about that thin line. (came up in class a few times)
I plan to have a reliable attorney on standby once I myself get established in the legal community.

Oh and, coming from a family of nurses, I respect your occupation.

 

[HRBR1800]

By the attacker, if he's alive, not the person defending himself.

Your bullet, your fault. I don't even think that they would allocate a percentage of the fault to the attacker.

 

[VeedUp]

If things were right and fair, it would be the BG causing the waves, so he should be held responsible for any collateral damage.

That should be the case, but if I truely feel that my life or my family is in danger it is my instinct to eliminate the hazard.

 

[CloudStrife]

Your bullet, your fault. I don't even think that they would allocate a percentage of the fault to the attacker.

Then that's another poor interpretation of the law that goes against gun rights.

 

[HRBR1800]

Then that's another poor interpretation of the law that goes against gun rights.

Poor interpretation of what law? I was thinking of possible civil penalties. Please post a link to the statute you think i was interpreting.

 

[CloudStrife]

Poor interpretation of what law? I was thinking of possible civil penalties. Please post a link to the statute you think i was interpreting.

Not on your part. I mean that our laws get perverted in way that often seems to favor the criminal and punish the person rightfully defending himself.

 

[Hardballing]

You fire it, you own it. Simple as that.

Hell, these days, expect to be sued by the person who was the agressor, if they live.

And on a related note, what do you throw a drowning lawyer?

Answer: His partner. Da dum dump.

Seriously, most reputable training, and I am not referring to CCW license requirements, will deal with this issue to some degree. Get some is a great idea.

It will open your eyes to many things you may have not previously considered, for example, if you would use a weapon to defend someone else rather than yourself (answer: think LONG and HARD before hand) even though such an action may be legal in your state.

 

[KnightWolf09]

Can surviving family of the attacker bring a wrongful death suit?

 

[Speedlace]

Can surviving family of the attacker bring a wrongful death suit?

In Louisiana, if your shooting is ruled a justifiable homicide, than no.
Some other states have similar laws in place that protect the victum from lawsuits.
Some do not.

 

[KnightWolf09]

thanks

 

[HRBR1800]

In Louisiana, if your shooting is ruled a justifiable homicide, than no.
Some other states have similar laws in place that protect the victum from lawsuits.
Some do not.

How can the case be ruled a justifiable homicide if it isnt brought in front of a judge. Does anybody know what the process is for official exoneration following a clear case of self defense shooting?
The only limit on the possibility of ending up in court i can think of is that a lawyer can be sanctioned for bringing a suit with no merit (for civil suits).

 

[posse comatosis]

Any such suit has merit. By statute however,, you are exempted from liability, not lawsuits. Be prepared to defend yourself through summary judgment, at which time the suit should be dismissed.