Say for example, an individual attack someone...then you restrain the "attacker" to pull them off of the person being hurt. Is it possible that
attacker can press charges if they were hurt while they there being restrained
legal question?
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 mybutterflydreams |
legal question? |
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Posts: 3885 (06/15/2009 2:15 PM) |
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jeepchic20 |
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Posts: 15295 (06/15/2009 2:17 PM) |
oh it's possible, since nowadays anyone can sue for just about anything. Getting an conviction of it is a totally different ball game though.
I've heard of burglars who are injured by a homeowner suing the homeowner for assault. WTF. |
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kastang |
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Posts: 6 (06/15/2009 2:58 PM) |
One burglar won his case against the homeowners when he was injured from something in their house. pff
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itsjustcris |
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Posts: 126 (06/15/2009 3:00 PM) |
Generally no in most jurisdictions, under the "defense of others" defense to battery (intentional harmful or offensive contact with other). A
"defender" (the one who pulled the guy off) is allowed to use the same amount of force that he reasonably believes the victim (the one the guy pulled
him off of) would have been able to use.
So, he can sue but I doubt any "good" lawyer would take the case UNLESS facts show that the "defender" went above and beyond the reasonable force needed (and thereby becomes the "aggressor"). |
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