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  1. #1
    Join Date
    Oct 2015
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    Blue springs missouri
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    Default Can You Be Sued for Injuring Somebody While Protecting Yourself

    My question involves criminal law in the state of: missouri I was at a party with my friends for a B-Day long story short. This B-Day girls uncle got very drunk and disgruntled so my best friend escorted him to a vehicle and was making him leave he did not want to and btw this party was at my best friends house.so the uncle started pushing and swinging on my best friend. He was able to dodge the shots but one hit the B-Day girl. I then noticed this and tackled the uncle to the ground to restrain him and keep him from assaulting anyone further. He said he would leave so I let him up. As I did he took his shirt off and swung at me out of instinct I reacted and decked him just one time and knocked him out. Cops got called he tried to press charges but cops would not allow it for self defense. He got taken to hospital and had to fix his jaw that was broken now he's threatening to sue. There becomes my question would that stick and could he. He's also saying lies and such. We have 5-7 witnesses several of whom are his family all present and told the cops what happened. So would I be responsible for the medical bills he's threatening to get state and or civil courts involved since the police will not pursue charges since he attacked three people and I defended my self and again only threw one punch. Thanks

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Can You Be Sued for Protecting Yourself

    Quote Quoting Dede928
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    This B-Day girls uncle got very drunk and disgruntled so my best friend escorted him to a vehicle and was making him leave....
    Was this his vehicle? The man was drunk, and pushing him to drive drunk could have resulted in serious problems for the best friend that pushed him to drive away from the party. Your friend ought to be glad the man didn’t drive and seriously injure or kill anyone. You the owner or lessee of the property can eject him from the property or call the cops to have him removed, but don’t ever encourage a clearly intoxicated person to drive.

    As for the possible lawsuit by the uncle against you, he may certainly file the lawsuit and you’d have to defend yourself. Whether he’d win depends on the evidence presented and what the judge or jury believes. If they believe his story, you could lose. Note that you did not just throw one punch. By your own admission, you tackled him and held him down first, and that was not self defense — he was not attacking you. He had hit the birthday girl, but it's not clear that he was going to hit anyone else when you tackled him. In short, the incident may not be as clear cut in your favor as you think. If you get sued, hire a lawyer to represent you.

  3. #3
    Join Date
    Oct 2015
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    Blue springs missouri
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    Default Re: Can You Be Sued for Protecting Yourself

    Ah OK no we had a ride for him for the vehicle he was placing him into. As far as me tackling him to the ground. Yes I did as he was in mid swing trying to attack my friend once again. That was just to get him restrained from hitting or hurting himself or someone else. As I stated there are many eye witnesses to what ensued. I'm just not quite sure since this is a sue happy world of what grounds he actually has since I first just restrained him causing no injury then second retaliated to him swinging at me. With the police present he kept trying to press charges but cops saw no ground except if we wanted to press charges against him which we did not. Also for perspective me nor my friends would ever allow anyone to drive drunk
    I'm just not understanding our rights very clearly then if he's allowed to sue for damages when he was the one starting the fights and was attacking people and cause I reacted after he threw a punch.

  4. #4

    Default Re: Can You Be Sued for Protecting Yourself

    I'm just not understanding our rights very clearly then if he's allowed to sue for damages when he was the one starting the fights and was attacking people and cause I reacted after he threw a punch.
    Anybody can sue anybody else at any time for just about anything. Being able to SUE doesn't mean they can WIN. I could file a suit against you tomorrow saying that you beat me up and kicked my dog, even though we've never met and I don't own a dog. I don't have to prove anything to BRING the suit to the court, I only have to present my evidence and my case well enough to win once there.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Can You Be Sued for Protecting Yourself

    Quote Quoting Dede928
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    I'm just not understanding our rights very clearly then if he's allowed to sue for damages when he was the one starting the fights and was attacking people and cause I reacted after he threw a punch.
    As already explained, he CAN sue you. Whether he wins or not is up to a judge and/or jury.

    On the bright side, if you have homeowners or renters insurance the liability section is likely to provide you with coverage and a defense attorney so you don't have to pay for one.

    Such liability insurance generally excludes intentional acts but the trend in courts is to rule that injuries caused during self defense (or in defense of others) are not intentional and many insurance policies have been amended to reflect that trend.

    Of course, if you don't have insurance and are sued, you get to spend your own money on a defense attorney.

  6. #6
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    Oct 2015
    Location
    Blue springs missouri
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    Default Re: Can You Be Sued for Protecting Yourself

    Thank you for the info. Yeah I have home owners insurance on my house but it's not where it happened. And since it was at my friends house I'm not sure if he has insurance or not but will definitely check

  7. #7
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    Mar 2013
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    Default Re: Can You Be Sued for Protecting Yourself

    Quote Quoting Dede928
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    Thank you for the info. Yeah I have home owners insurance on my house but it's not where it happened. And since it was at my friends house I'm not sure if he has insurance or not but will definitely check
    The liability section of your homeowners policy covers for your acts away from home as well as at home.

    The policy on your friend's house would cover his liability, not yours.

    That the injured person is already threatening to sue you requires you to report the incident to your homeowners insurance company ASAP (for your own protection). If you don't you prejudice the company's ability to properly investigate and defend and, in turn, jeopardize your policy.

    There should be a toll free number for reporting claims.

  8. #8
    Join Date
    Oct 2015
    Location
    Blue springs missouri
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    4

    Default Re: Can You Be Sued for Protecting Yourself

    Really starting to like this site. Thank you for that info I'll call them when I get home I wouldn't of guessed that my insurance would cover me away from home.

  9. #9
    Join Date
    Mar 2013
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    18,340

    Default Re: Can You Be Sued for Protecting Yourself

    Quote Quoting Dede928
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    I wouldn't of guessed that my insurance would cover me away from home.
    Would be a good idea for you to read your policy and keep up to date on the coverage. Yes, some of it's a little complicated but the highlights aren't too tough to understand.

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