Liability Question
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    Liability Question

    https://www.nbcdfw.com/news/local/Sh...565620911.html

    So this guy shoots at the guys that were stealing his toolbox. He says they pulled a weapon on him and he started shooting. I know he could be held liable if he accidentally shot a bystander. Would he be liable for broken windows, holes in cars, flat tires, etc? Read the story yesterday. We ate right next to the Costco last night and I started thinking.
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    There isn't anything in the law that gives immunity. So YES you can be held liable and have the pants sued off you.

    Maloy
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    In tort law, you'd basically have two theories to work from, that of trespass to chattels or negligence. Trespass to chattels is an intentional tort, which means that there must be intent to interfere with someone's property. Negligence, however, is the "biggie" when it comes to torts. All those injury lawyers on TV are wanting you to call them for a negligence claim. Negligence requires duty, breach of duty, actual cause, proximate cause, and damages. I can't imagine one who shoots a gun not being found negligent when property is damaged. Of course, state laws may actually limit the duty imposed on a self defense shooter.

    Here are two things I'd suggest. Contact an attorney in your state for specifics on duties imposed on a self defense shooter, and make sure you have liability insurance that covers property damage as a result of a self defense shooting.
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    Now the thief is responsible for this or at lest the guy protecting himself is not if he was lawfully protecting himself. The police were not held accountable for damage in upholding the law.
    A SWAT team destroyed a Greenwood Village family’s home. Now, a federal appeals court says police don’t have to pay for the damage.
    https://www.denverpost.com/2019/10/3...y-for-damages/
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    Quote Originally Posted by Ickthus View Post
    Now the thief is responsible for this or at lest the guy protecting himself is not if he was lawfully protecting himself. The police were not held accountable for damage in upholding the law. https://www.denverpost.com/2019/10/3...y-for-damages/
    Citizens have duties to each other that the government does not share. The government, through history, has immunity from tort liability unless the government has relinquished that immunity (and, surprisingly, many have relinquished it in some circumstances). Fortunately, even if the citizen is sued, he will be able to bring the "criminal" in as a third party and shift his liability to the criminal or at least get the criminal responsible for the citizen's own losses. Unfortunately, the criminal will likely have zero assets, so the citizen is still on his own (which makes insurance all the more necessary).
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    Maybe you could get the toolbox. That would be funny.

    Quote Originally Posted by DeltaBravoKS View Post
    Citizens have duties to each other that the government does not share. The government, through history, has immunity from tort liability unless the government has relinquished that immunity (and, surprisingly, many have relinquished it in some circumstances). Fortunately, even if the citizen is sued, he will be able to bring the "criminal" in as a third party and shift his liability to the criminal or at least get the criminal responsible for the citizen's own losses. Unfortunately, the criminal will likely have zero assets, so the citizen is still on his own (which makes insurance all the more necessary).
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    My CC instructor told me you're responsible for the projectile from the moment you
    launch it until it stops. Now, this is North Carolina.

    All the Best,
    D. White
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    Quote Originally Posted by dwhite View Post
    My CC instructor told me you're responsible for the projectile from the moment you
    launch it until it stops. Now, this is North Carolina.

    All the Best,
    D. White
    I believe that would be the case anywhere.
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    I was wondering more if Costco would cancel his membership for carrying a firearm in the store. While not posted outside of the store to prohibit conceal or open carry is it a condition of membership to not carry in the store.

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    So what liability does Costco hold since this happened on their property?
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