Being sued for giving chase and collateral damage - Page 3

Being sued for giving chase and collateral damage

This is a discussion on Being sued for giving chase and collateral damage within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Janq As to foresight it's also immaterial that Kuh might have or not forseen that the robbers might would fire on him. ...

Page 3 of 3 FirstFirst 123
Results 31 to 37 of 37

Thread: Being sued for giving chase and collateral damage

  1. #31
    VIP Member Array David in FL's Avatar
    Join Date
    Nov 2007
    Location
    Central Florida
    Posts
    2,342
    Quote Originally Posted by Janq View Post

    As to foresight it's also immaterial that Kuh might have or not forseen that the robbers might would fire on him. Again as I said before they easily could have simply wrecked their car into Saloman. Or they could have run someone over in the process of trying to escape. Could he have forseen those either? Does it matter? Does anything in regard to liability by association to the overall act and death of the third party change? Nope.
    Janq,

    That's where I think you may be wrong. As you know, there are different levels of negligence......simple, gross, criminal as examples. The one thing that they all have in common is that in order for an action to be deemed negligent the defendent has to be shown to have "failed to use reasonable care to avoid foreseeable harm to a person, place, or thing."

    No doubt Mr Kuh is at risk here, but I'm sure his attorney will argue that the shooting was not a foreseeable consequence of the chase.

    Like you, I'd still like to hear an opinion from one of the lawyers out there.......heck, I didn't even stay at a Holiday Inn Express last night!


  2. #32
    Senior Member Array KenInColo's Avatar
    Join Date
    Feb 2008
    Location
    Western Colorado
    Posts
    991
    I love what the plaintiff's attorney said "It's never acceptable to put people in danger in order to recover money...". I wonder if he's on a contingency fee? I bet not.
    An armed populace are called citizens.
    An unarmed populace are called subjects.

  3. #33
    VIP Member Array Tom G's Avatar
    Join Date
    Nov 2006
    Location
    Central Florida
    Posts
    2,375

    Good guy loses again.

    Quote Originally Posted by MR D View Post
    its really simple - the BG's don't have deep pockets
    MR D said it all. The BGs didn't have any money of their own so the store owner gets screwed. Sometime life isn't fair. The only one who made out was the lawyer.
    Last edited by Captain Crunch; May 16th, 2008 at 12:55 AM. Reason: Fixed quote tags.

  4. #34
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Yet another example and case of 'Proximate Cause'...

    http://www.defensivecarry.com/vbulle...ding-home.html

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  5. #35
    VIP Member Array farronwolf's Avatar
    Join Date
    Aug 2006
    Location
    Texas
    Posts
    4,818
    I think there is a huge difference between someone doing something that is legal, ie, following a BG, (we still do not know that speed they were traveling), and someone who is doing something illegal, ie dealing drugs out of ones home, when it comes to what can be ruled as the contributing factor.

    It is reasonable to expect if your dealing drugs that someone will want those drugs and use deadly force or other means to get them thereby putting others who inhabit your home where the illegal drugs are in danger. It is not reasonable to expect that a BG being followed will shoot an innocent person.

    But I guess we will have to see how this particular case comes out and if the estates suit is successful. The jury may not agree with me and what is reasonable, but then again, they might, will have to see.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
    Texas CHL Instructor
    Texas Hunter Education Instructor
    NRA Instructor

  6. #36
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Wow!!

    And a second comes up in todays news.
    Only in this case the victim gave chase and wrecked his car into an innocent third party injuring that person as a result.

    http://www.defensivecarry.com/vbulle...tml#post737851

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  7. #37
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Farron,

    The stories and background are different but the concept of proximate cause remains same toward both

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

Page 3 of 3 FirstFirst 123

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Collateral Damage...
    By biasedbulldog in forum Carry & Defensive Scenarios
    Replies: 21
    Last Post: January 4th, 2009, 09:25 PM
  2. Call for help, and get sued!
    By foreveryoung001 in forum Off Topic & Humor Discussion
    Replies: 40
    Last Post: October 12th, 2007, 03:20 AM
  3. Officer being sued by shot suspect
    By buckeye .45 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 13
    Last Post: April 5th, 2007, 04:11 PM
  4. Collateral (the movie) Scene
    By Bumper in forum Off Topic & Humor Discussion
    Replies: 15
    Last Post: March 2nd, 2005, 09:41 AM
  5. Cruises holster in Collateral
    By malada in forum Defensive Carry Holsters & Carry Options
    Replies: 5
    Last Post: December 27th, 2004, 06:23 PM

Search tags for this page

collateral damage being sued

,
nelson urbina three amigos
,
samuel salomon 911 call
,
samuel salomon koh
,
sian kiat koh arrest
,
three amigos bank robbery samuel salomon
,
three amigos robbery boynton beach civil suite
Click on a term to search for related topics.