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<blockquote data-quote="BOOGIE MAN" data-source="post: 16301921" data-attributes="member: 26082"><p><a href="http://concealednation.org/2017/06/are-you-liable-for-a-pass-through-or-missed-shot/" target="_blank">Are You Liable for a Pass-through or Missed Shot?</a></p><p></p><p>"If the circumstances are such that they would excuse the killing of an assailant in self-defense, the emergency will be held to excuse the [victim] from culpability, if in attempting to defend himself he unintentionally kills or injures a third person… Although the assailant may have had no intention to harm the third person in the course of his or her defense, in order to escape culpability, the assailant must have been free from negligence and must have acted prudently and with due care.</p><p>40 Am. Jur. 2d Homicide § 143"</p><p></p><p>"A points a pistol at B, threatening to shoot him. B attempts to shoot A, but his bullet goes astray and strikes C, an innocent bystander. B is not liable to C unless, taking into account the exigency in which A’s act placed B, B fired his self-defensive shot in a manner unnecessarily dangerous to C.</p><p>Restatement (Second) of Torts § 75 (1965)"</p><p></p><p>There is gray area there (and I'm remembering the conversation in the class more now). You are not 100% immune; lawyer v lawyer</p><p></p><p></p><p>Sent from my SM-N975U using the <a href="http://r.tapatalk.com/byo?rid=92568" target="_blank">svtperformance.com mobile app</a></p></blockquote><p></p>
[QUOTE="BOOGIE MAN, post: 16301921, member: 26082"] [URL="http://concealednation.org/2017/06/are-you-liable-for-a-pass-through-or-missed-shot/"]Are You Liable for a Pass-through or Missed Shot?[/URL] "If the circumstances are such that they would excuse the killing of an assailant in self-defense, the emergency will be held to excuse the [victim] from culpability, if in attempting to defend himself he unintentionally kills or injures a third person… Although the assailant may have had no intention to harm the third person in the course of his or her defense, in order to escape culpability, the assailant must have been free from negligence and must have acted prudently and with due care. 40 Am. Jur. 2d Homicide § 143" "A points a pistol at B, threatening to shoot him. B attempts to shoot A, but his bullet goes astray and strikes C, an innocent bystander. B is not liable to C unless, taking into account the exigency in which A’s act placed B, B fired his self-defensive shot in a manner unnecessarily dangerous to C. Restatement (Second) of Torts § 75 (1965)" There is gray area there (and I'm remembering the conversation in the class more now). You are not 100% immune; lawyer v lawyer Sent from my SM-N975U using the [URL=http://r.tapatalk.com/byo?rid=92568]svtperformance.com mobile app[/URL] [/QUOTE]
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