Civil Aftermath?

You’ve defended yourself physically. And you’ve successfully defended your actions legally. Time to put the whole situation behind you, right? Maybe not. There could still be a civil suit.

What does your state say about civil suits after physical self-defense?

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KY law says I am immune to civil suits in this case. AAMOF, I recently posted on this in another thread.

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It is unfortunate but we live in a litigious society. It does not matter if you are in the clear criminally for defending and protecting your family and yourself. The criminal (if alive) or the family will try to find ways to sue you.

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In NH you are immune from civil liability in a self defense situation. If an action is brought against you the plaintiff will most likely be paying your costs.

627:1-a Civil Immunity. – A person who uses force in self-protection or in the protection of other persons pursuant to RSA 627:4, in the protection of premises and property pursuant to RSA 627:7 and 627:8, in law enforcement pursuant to RSA 627:5, or in the care or welfare of a minor pursuant to RSA 627:6, is justified in using such force and shall be immune from civil liability for personal injuries sustained by a perpetrator which were caused by the acts or omissions of the person as a result of the use of force. In a civil action initiated by or on behalf of a perpetrator against the person, the court shall award the person reasonable attorney’s fees, and costs, including but not limited to, expert witness fees, court costs, and compensation for loss of income.
Source. 2011, 268:3, eff. Nov. 13, 2011.

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21-5231. Use of force; immunity from prosecution or liability; investigation. [Amends
K.S.A. 2010 Supp. § 21-3219]
(a) A person who uses force which, subject to the provisions of K.S.A. 21-5226, and
amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, 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.
© 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; L. 2010, ch. 136, § 29; July 1, 2011.

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If your state or the state you are in at the time you are forced to use lethal force in Self Defense/Defense of Others I’d say with the litigious nature of our society it’s not “You might be sued” it’s, “You can Probably Count On It!”.

We need more user friendly SD laws throughout the country so that criminals injured in the commission of their crimes cannot then later profit from them nor can their families.

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In Illinois, as long as it is ruled self defense under Illinois law and definition of such, no an assailant can not sue in civil court. Proof that even a blind squirrel finds a nut. A lot of Illinois laws are very anti gun, but, this one gets closer to being right.

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In CA where I live, you can be sued even if cleared of any criminal charges. There is always going to be greedy relatives that want to profit from the death of their scumbag which doesn’t make them any better, All In The Family.

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Our laws have fortunately changed a great deal over the decades but there was a case in Lubbock back in the sixties or seventies where a man successfully sued a business owner and collected significant damages.

Why? He cut himself on the broken glass of the window he broke out to enter and burglarize the business.

Nowadays that case would be laughed out of court.

Our law here is pretty good on SD. It says if you are no billed or round not guilty you are free of liability.

You can still be sued but it will be thrown out immediately unless you acted unlawfully in injuring someone during the event.