What happens if you injure a bystander?

N

nogods

Active member
I just read about the Philadelphia settlement for an unintended shooting of a bystander by police. City to pay $1.8 million in fatal shooting of bystander by a police officer. It reminded me of a similar case in Buffalo, NY where a woman was struck and killed by a police office while she was watching a gun battle from her apartment.

So what's the law in your state if a licensed firearm owner uses their weapon justifiably but a bystander is injured or killed?
 
All the more reason it is important to be trained, use only hollow point/expanding ammo, and have good sights on your weapon.
 
By no means an expert here on Iowa law in regard to the O.P.'s original question... But since you go to jail for protecting yourself (hitting your target), I'm thinking it's safe to assume one would spend a lot of time in prison if they were to injure or kill a bystander by accident while doing so.
 
Actually its better to load your mag safely, have hollow points loaded first followed by pre frag ammo that way if you don't take them down with the prefrag the Hollow points are there to insure you survive the encounter
 
ramboo316 said:
Actually its better to load your mag safely, have hollow points loaded first followed by pre frag ammo that way if you don't take them down with the prefrag the Hollow points are there to insure you survive the encounter
Click to expand...

Huh? Is this one of those "I'm going to load birdshot for the first shot, followed by 00 buck for the next 2 shots, then birdshot again, then a slug to finish them off" things?

K.I.S.S. Find an ammo that works for you and go with it. Be able to clearly explain why you picked that ammo in case you need to tell it to a jury. And yes, like the previous posts, try and hit what you aim at.
 
This depends on the state. In New Mexico a person can use an affirmative claim of self defense based on case law see below. The civil ramifications would likely outweigh the criminal. This would likely be viewed as 'Excusable Homicide' as defined by statute in the case of your question where someone was 'INJURED' rather than killed i'd be surprised if criminal charges followed.
(Excusable Homicide)
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent;
Case law regarding an innocent bystander:
The instruction does not require a separate instruction in the event the victim is an innocent bystander, i.e., a person who did not instigate the action which required the defense. Under New Mexico law, if the circumstances would justify the use of deadly force in self-defense, the defendant is not guilty of homicide if he unintentionally kills a third person. State v. Sherwood, 39 N.M. 518, 50 P.2d 968 (1935). See generally, Annot., 55 A.L.R.3d 620 (1974).

(I'm not an attorney - treat the advice above as that of a non-attorney)..
 
I am not a lawyer but this is my humble opinion.

You will be sued, but hopefully you have insurance that will help you with attorney fees. I don't know how you will handle the actual settlement but hopefully you have insurance to take care of that also.

None of us will ever fire our weapon except in self defense and we should practice often.

After you get your insurance you should have an attorney picked out just in case something happens, I do and I recommend that all of my students find one also.

thanks
 
Does it matter if you have a badge or not? In the OP, you mentioned 2 police officers hitting innocent bystanders...what happened to the officers? Whatever happened to the officers is what should happen to the rest of us.
 
If you injure a bystander, you will be most likely charged, arrested and sued. There is a good chance you will also be sued by others who weren't physically injured, but will claim damages due to emotional distress. Having a decent size amount of savings, a lawyer lined up, and several good insurance policies is crucial regardless if you have statutory protection from such liability. Just to appear in court to have a criminal charge or lawsuit dismissed can be costly, as representing yourself will forfeit your ability to challenge the ruling based on incompetency of representation. Not only that, but the costs associated with expunging your record can cost even more.
 
Insurance

I have my CCW LEOSA insurance through the Hylant Insurance Company in Toledo, Ohio.
I pray that I will never have to use it but I pay my premiums yearly.

I have also gotten a local attorney approved by Hylant who is experienced in shooting cases. Just in case.

It is part of the FOP Packages. In an incident it will cover a preset amount of attorney fees for criminal or civil matters. They will not pay off on a settlement but at least my attorney would be able to file a motion for summary judgement if the facts were available. By paying the yearly premium he is on retainer.

I also carry additional insurance through private carriers one of them being through the NRA..

No one should be without coverage. As it has been said in this forum you are responsible for every bullet that leaves your firearm.
 
Here in AZ at the very least you can be sued by the bystander and face charges for negligent discharge of a firearm. If the individual dies, it's negligent homicide and you can still face a law suit from the family.
 
if a cop accidentally shoots a bystander, in the line of duty, i was under the impression the city pays for all damages?? most cases the cops are not even tried and get to go home
however
if a civilian shoots an innocent bystander, in the act of lawful defense, they will most likely be sued undoubtedly and most likely go to jail and charged with a lessor assault and or manslaughter charge and good chance they loose their case........
i would like to see the perps estate pay for any and all damages being the perp is the one who started the altercation in the first place, i think the perps family should pay, not mine, and it should be some kind of law protecting victims who by lawfully defending themselves that accidentally shoot a bystander, some kind of justice by way of not going to prison or made to pay extraordinary costs when lawfully defending their self but each case is different
best wishes to any and all that may someday have to use their gun in self defense
 
eagleeyes said:
if a cop accidentally shoots a bystander, in the line of duty, i was under the impression the city pays for all damages?? most cases the cops are not even tried and get to go home
however
if a civilian shoots an innocent bystander, in the act of lawful defense, they will most likely be sued undoubtedly and most likely go to jail and charged with a lessor assault and or manslaughter charge and good chance they loose their case........
i would like to see the perps estate pay for any and all damages being the perp is the one who started the altercation in the first place, i think the perps family should pay, not mine, and it should be some kind of law protecting victims who by lawfully defending themselves that accidentally shoot a bystander, some kind of justice by way of not going to prison or made to pay extraordinary costs when lawfully defending their self but each case is different
best wishes to any and all that may someday have to use their gun in self defense
Click to expand...
You kill someone because you can't shoot straight then want it to be someone else who is responsible? Good luck with that.
 
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