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![]() "B2431" wrote in message ... From: "Jim Doyle" "B2431" wrote in message ... From: "Jim Doyle" "Jim Yanik" wrote in message . .. "Jim Doyle" wrote in : snip In the United States laws suits are too common. The 9 iron scenario above would most likely result in the home owner being sued with the bad guy winning. I understand what you are explaining. I think it a little odd that, it at least seems, people can be prepared to kill to avoid court action. OK, let's try this on for size. The badguy victimizes me by entering my house and threatens me. I settle the problem by adjusting his kneecap with a 9 iron. The badguy will never walk normally nor will he be pain free again. So he sues for violating his "civil rights," medical bills for care not received in prison and "pain and suffering." Let's say he wins. In this country juries love megamillion dollar awards. If it exceeds my insurance I may be forced to sell my house and/or pay him from my earnings for many years, maybe life. Why should I be victimized more than once? First he commits at least one felony against me, second I have to defend myself against a second assault in court and third he takes away my wealth, possessions and a portion of my life. Well, you shouldn't be victimised at all, clearly. Once that burglar has entered your property he should forego any right to sue you for injuries whether they be from tripping over your dog or directly inflicted by you wielding a 9-iron. So long as you've used a sufficient amount of force to repel him without exceeding a justifiable limit, you should not be in fear of a long, expensive and drawn-out lawsuit. However, surely by shooting him you're overstepping the reasonable force criteria in at least some instances - and are therefore making yourself liable for further upset as he/his relatives squeeze every last penny out of you. I don't advocate lethal force as first resort, but to prevent being judicially and financially raped by the criminal again I would seriously keep that in mind. Keep in mind if the bad guy dies his next of kin can also sue me and possibly win even if the killing was morally and legally justifiable. Were the law to change, restricting the rights of burglars to sue for non-lethal methods you may use to repel them - would you still consider a gun? I'm thinking, should this be the reason that a person would resort to lethal force upon an intruder, then the courts are severely in the wrong to force the public to this degree of protection. That's surely the fundamental issue for all but the most trigger-happy homeowners - and I can see the justification for it, even if I'm not to happy with the possible consequences. Jim Doyle Dan, U.S. Air Force, retired |
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