Civil suit?

Civil suit?

This is a discussion on Civil suit? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Is anybody concerned with being sued by family members if you have to draw and shoot a perp for trying to rob you or cause ...

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Thread: Civil suit?

  1. #1
    Member Array kspilot536's Avatar
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    Civil suit?

    Is anybody concerned with being sued by family members if you have to draw and shoot a perp for trying to rob you or cause you harm?
    Even if you are within the law and kill a BG trying to comit bodily harm to you,suppose the family brings a suit against you costing thousands of dollars in lawyer fees,it could ruin you're life financially.
    I have heard this happening to LEO''s.
    Any thought on this?


  2. #2
    Member Array carry ok's Avatar
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    If one considers....

    the alternative, of not defending, and the perp inflicts the harm, would you be better off with that?
    Extremism in the Defense of Liberty is No Vice--Moderation in the Pursuit of Justice is No Virtue. - Senator Barry Goldwater

  3. #3
    VIP Member Array farronwolf's Avatar
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    Not too worried about it.

    CIVIL PRACTICE AND REMEDIES CODE



    TITLE 4. LIABILITY IN TORT



    CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON



    Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.



    Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 4, eff. September 1, 2007.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  4. #4
    Ex Member Array Ram Rod's Avatar
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    Quote Originally Posted by carry ok View Post
    the alternative, of not defending, and the perp inflicts the harm, would you be better off with that?
    I couldn't have said that any better myself.

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    Not too worry in Mi. as Long as its Justifiable>

    Heres why this is from Public Act 309-314

    Civil Liability
    A person who uses force in accordance with the Act is immune from civil liability for damages caused by the use of such force (PA 314). Additionally, courts must award attorney fees and costs to an individual who has been sued for using force and the court finds that the force was in accordance with the Act (PA 312).
    Criminal Liability
    Under the Act (PA 310), no crime has been committed when a person uses force as authorized. If a prosecutor believes that the force is not justified, he or she must provide evidence that the force used was not in accordance with the Act. Such evidence must be presented at the time of warrant issuance, preliminary examination, and trial.


    I am glad someone in Michigan gets it!!


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    To be honest, I'm not that worried about it. At least I'd be alive, which definitely beats the alternative. To avoid loosing everything you own, immediately put all possessions (house/cars/bank accounts) in your spouses name. Kind of hard to take something you don't have.

  7. #7
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    That's not going to happen in FL...the GunShine State has a detailed Castle Doctrine...not guilty=no suits.
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    VIP Member Array automatic slim's Avatar
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    I'm glad my brother is a lawyer.
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  9. #9
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by kspilot536 View Post
    Is anybody concerned with being sued by family members if you have to draw and shoot a perp for trying to rob you or cause you harm?
    Even if you are within the law and kill a BG trying to comit bodily harm to you,suppose the family brings a suit against you costing thousands of dollars in lawyer fees,it could ruin you're life financially.
    I have heard this happening to LEO''s.
    Any thought on this?
    Don't worry too much about it. You are in Kansas right?
    21-3219
    Chapter 21.--CRIMES AND PUNISHMENTS
    PART I.--GENERAL PROVISIONS
    Article 32.--PRINCIPLES OF CRIMINAL LIABILITY
    21-3219. Use of force; immunity from prosecution or liability; investigation. (a) A person who uses force which, subject to the provisions of K.S.A. 21-3214, and amendments thereto, is justified pursuant to K.S.A. 21-3211, 21-3212 or 21-3213, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.

    (b) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.

    (c) A county or district attorney or other prosecutor may commence a criminal prosecution upon a determination of probable cause.

    History: L. 2006, ch. 194, 2; L. 2007, ch. 169, 1; May 17.
    Emphasis added. So if your use of force is otherwise legal you don't have a problem.
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    Member Array jp3276's Avatar
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    As the saying goes, "I'd rather be tried by 12 than carried by 6."

  11. #11
    Senior Member Array cuban11182's Avatar
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    Quote Originally Posted by automatic slim View Post
    I'm glad my brother is a lawyer.
    My sister is a lawyer.

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    VIP Member Array varob's Avatar
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    You can add a $1,000,000 blanket policy for around $80.00 a year.
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    Quote Originally Posted by varob View Post
    You can add a $1,000,000 blanket policy for around $80.00 a year.
    What kind of policy? General Liability? If so, I don't think it would cover litigation.... Please enlighten me...
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  14. #14
    Distinguished Member Array tiwee's Avatar
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    This is from Missouri law, but look for this in your state law:
    Section 563-074 Justification as an absolute defense, w
    Justification as an absolute defense, when.

    563.074. 1. Notwithstanding the provisions of section 563.016, a person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.

    2. The court shall award attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant has an absolute defense as provided in subsection 1 of this section.
    Paragraph 2 is important in that it reduces the incentive to sue you (the civil suit defendant) in order to achieve a settlement out of court.

  15. #15
    VIP Member Array Eagleks's Avatar
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    In Kansas, the law specifically states that you cannot be sued if it is determined you used the firearm in self-defense.

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