Question regarding confrontation, self defense, and third party damage

[the_mav]

Since I'm rather new at the whole LTCF / gun ownership realm (about eight months or so having moved from MD last year), I'm still learning all of the rules.

What I've been thinking of, though, and in light of the other posts regarding the whole "what if" scenarios, what would happen in the following situations?

Scenario #1:
You're home, BG enters, you're in fear, shoot the BG, one of the bullets goes astray through your window and hits your neighbor's car. Who assumes responsibility for that and is there a difference if the BG is alive or dead? The latter based on initiating the cause.

Scenario #2:
You're out with family, getting your child in the car, someone comes up, threatens you, you shoot BG, one bullet goes astray and hits someone in the parking lot. What happens in this situation and would there be a difference if the BG lives or dies, and if the bystandard lives or dies?

Instead of posts regarding "aim better" and the like, I do think these are very legitimate scenarios and am curious as to what the legalities of such would be. Oh, and I'm a good shot; at least with handguns, at 25 yards I always seem to be at the target or within 1/2". Kind of surprising and baffling, too! Point for me!

Thanks so much!

[jud4420]

Scenario 1.

Your bullet, your damage. If the bad guy didnt somehow make you pull the trigger, your liable. And even if he did expect repercussions.

Scenario 2.

See scenario one.

The only difference it makes if the bad guy lives or dies is if he dies thats one less testimony.

Only difference if an innocent bystander lives or not is the level of possible criminal charges, and how bad you will be sued in civil court.

Make em count.

[marinakorp]

You are responsible for everything that exits the barrel of the weapon.

If a multipe projectile load (shotgun... 00 buck is a bunch of 32 caliber bullets, etc) you are responsible for EVERY projectile. If some hit, and some dont... the one's that dont... you are responsible.

If projectile OVER penetrates.. you are responsible.

[Robert Kayland]

This brought another thought to mind... insurance (both home and car).

I don't remember any questions about firearms on the insurance papers when I signed for home and car, but now I'm thinking that, if they know you carry firearms and/or have them in your house and car, premiums would skyrocket, right?

Yet, if you don't mention anything, and something like the OP's scenarios happen, they wouldn't have you covered, so to speak.

Hmmmmm.... something to think about, and to discuss with an insurance agent.

/any agents on the forum that could discuss this?

[dman]

Resaerch ammo,calibers,and ballistics.

[TonyF]

Scenario #1:
You're home, BG enters, you're in fear, shoot the BG, one of the bullets goes astray through your window and hits your neighbor's car. Who assumes responsibility for that and is there a difference if the BG is alive or dead? The latter based on initiating the cause.

No difference BG dead or alive. Your's and your neighbors insurance carriers will work out who pays for what damages to the car.

Scenario #2:
You're out with family, getting your child in the car, someone comes up, threatens you, you shoot BG, one bullet goes astray and hits someone in the parking lot. What happens in this situation and would there be a difference if the BG lives or dies, and if the bystandard lives or dies?

No difference if the BG or bystander lives or dies. You "may" be subject to a civil case but there is case law on your side as the victim of a crime having no choice but to defend yourself.

Do yourself a favor, retain an attorney and have him answer these questions. It would be irresponsible for any of us to proceed with a particular course of action based on an internet discussion.

[normanvin]

Scenario 1.

Your bullet, your damage. If the bad guy didnt somehow make you pull the trigger, your liable. And even if he did expect repercussions.

Scenario 2.

See scenario one.

The only difference it makes if the bad guy lives or dies is if he dies thats one less testimony.

Only difference if an innocent bystander lives or not is the level of possible criminal charges, and how bad you will be sued in civil court.

Make em count.

What he said. You also have to worry about the BG's family suing you also.

[GunLawyer001]

Research the issue of "transferred intent" as it applies to legitimate attempts at self-defense, at least with respect to criminal charges.

Civilly, poor aim may translate into a negligence tort claim. The doctrine of necessity doesn't negate the need to compensate an innocent victim for harm that you cause him. In theory, you could countersue the perp's estate for creating the need for you to shoot, but he'll be judgment proof, so you'll end up paying.

[PennsyPlinker]

I think that considering these types of scenarios is well worth some. There are real repercussions for pulling the trigger in a self defense situation. However, if I am confronted in a situation where it is my life or the life of one of my family in danger, I am not going to worry too much about shooting somebody's car full of holes. It's only money, and that can be sorted out later on if I live through the situation.

As to whether or not I am going to hit another person, I think that is a lot more important. This is one of the reasons we need to practice marksmanship as well as situational shooting. A person cannot go out, buy a gun and a box of bullets and proclaim himself (or herself) protected. Even with practice there is no guarantee that another person is not going to be hit, but if it comes down to a life or death situation, I think that the person with the gun is not going to have the time to completely assess the background and go through all the possible legal ramifications before deciding to pull the trigger. I suppose it could happen in theory, but in real life this stuff starts and is over in a matter of seconds most of the time. If you haven't thought it out ahead of time, you are not going to be able to do it in the event itself.