When Burglars Sue Armed Citizens & Home Defenders
“It’s better to be judged by 12 than carried by six,” they say, and they’re right…but you still need to worry about those 12.
When it comes to armed self and home defense, the discussion usually centers on what should happen long before a crisis: buying the gun that’s right for you, getting training on how to use it safely, and securing it discreetly. When the discussion turns to the possible aftermath of a defensive shooting, people usually focus on the immediate moments after the shot. But there’s one critical last line of defense that’s missing from those discussions, and that’s the homeowner’s legal liability. It’s enraging to contemplate, but due to America’s liberal tort laws it’s actually very easy for a burglar to sue the armed defender for having shot him. It happens all the time, in fact. Let’s have a peek:
1. Burglar sues Calif. homeowner, 90, who returned fire
According to this article, a 90-year-old man fought like a tiger for his life when an armed home invader held him captive and shot him once in the jaw. Using his wits, the daring senior escaped and retrieved his own gun, shooting his attacker several times. The attacker lived…and sued.
2. Man who shot intruder in his home sued for wrongful death
Here’s a fun one: A homeowner returned to his domicile one evening to find a naked and crazed man who had broken into his home. After said nude intruder attacked the homeowner and attempted to strangle him, the homeowner retrieved a gun and returned fire, killing the assailant. And then, according to this article:
Last year, a lawsuit was filed against the resident on behalf of the parents and son of the intruder. The lawsuit alleges that the resident used reckless and excessive force against the intruder. The family’s attorney suggested the resident provoked a confrontation by entering his own home after finding the door kicked in, instead of remaining outside and calling the police. (Emphasis mine.)
3. Legal Costs Mount for Bay Area Man Sued by Home Intruder He Shot
Here’s another story out of California, and you know the tune if not the words: A home invader went to an awful lot of trouble trying to break into this San Francisco man’s domicile, but now the burglar claims it was all a mistake and that he was simply trying to enter a different home. From the article:
“Joe Balistreri could hardly believe an intruder sued him for negligent use of a handgun. ‘That is my biggest issue, our judicial system allows these people to have the right to try to sue,’ he told KPIX 5.”
Outrageous though these examples are, the fact of the matter is that America’s tort system is extremely liberal; the Founding Fathers felt that the right to sue was very important, and that some vexatious lawsuits were the price we needed to pay to secure that right. We’re a gun-themed publication here, so we won’t go any further into that subject…other than to point out that as insane as it sounds, home defenders can be sued by criminals even if the home defender was 100% within his or her rights and faced no criminal charges.
What that means is that you should take a good, long look at your box(es) of defensive ammunition. You may have paid around 50 cents a round, but know that every single cartridge in that box comes with a $10,000 lawyer attached. Many defensive experts strongly recommend that armed citizens retain a defense lawyer with knowledge of Second Amendment issues “just in case,” and that’s great advice. However, you don’t have to do it on your own; rather than doing hours of research and days of legwork, look into the U.S. Concealed Carry Association (USCCA) and their soup-to-nuts legal protection solution.
A USCCA membership comes complete with access to a countrywide network of Second Amendment litigators and defenders, bail bond protection to keep you out of jail, and up-front funding for your lawyer’s retainer. It’s a no-brainer insurance program that’s designed to keep you and your family right where you belong, on the legal, moral, and financial high ground. Click here to learn more!
I think that the guy that said to countersue had the right idea. Having said that, I do have USCCA and it’s more comforting to know they have my back than I thought it would be before I got it. I’m also wondering if initiating legal action against the perp for damages would stop a lot of the silliness. Just a thought……….
Not only should the victims counter sue the criminals or their families, they should sue the leftist ambulance chasers and their laws firms using the RICO statutes if possible.
Well good……just have to counter sue back for wear and tear on the gun, the bullets that need to be replaced, the clean-up crew, losses while incarcerated, meals and lodging while said premesis is being mopped up, and mental anguish for the hasle in the first place!
So we should now sue those parents and family who are suing on behalf of the assailant/deceased. It they had intervened or raised the person appropriately, notified law enforcement of the assailant having a weapon (probably illegally) etc. then the incident would not have occurred. The plaintiffs are culpable for the actions of the assailant. Also make the case for defamation, PTSD, caused by them and the assailant and anything else you can dream up.
Sue. Win. Sell the debt for $0.10 on the dollar to the meanest, viellist debt collector you can find and rejoice knowing that they will be mercilessly harassed for the remainder of there lives. .
My Daddy once told me: “It’s cheaper to kill than to maim.” At the time, I didn’t really understand that phrase.
Your Daddy was right. Call 911 after the perpetrator has quit breathing.
I was in shock! I just couldn’t come to grips with the fact I had to shoot someone who was trying to kill me! Why 3 days? A severe case of PTSD made me forget how to dial or unlock my phone. LOL
Who are the idiot judges that even allow lawsuits like this to go forward? These lawsuits should be dismissed the moment they are filed.
Spot on !… lawsuits should never have to be an issue for a citizen defending their home life or property… all these “victims” & their “families” are looking for is pocket change !!
Let’s not forget that USCCA is not the only ‘insurance’ plan out there.
CCWSafe has no limit on attorney’s fees for criminal or civil cases, and is the only company I know of who has actually taken a case all the way to a verdict — and won!
I was with USCCA for 2 years before I switched, and although CCWSafe doesn’t have a slick magazine nor is their website awesome, I’m more concerned about their capabilities and coverage. In my opinion, they’re a better “bang for the buck”.
To the guy in WA. Yes they can not offer their insurance in WA. The state insurance commissioner ran them out along with the NRA insurance. I was a member for 2 years before they refused to renew WA customers due to the anti gun state government.
Try Marty Hays at Seattle Firearms institute. They have a similar non insurance protection program.
Counter-sue the lawyers that brings these stupid suites. They signed their name claiming it was a good suite.
This article omits one of the more important reasons to have USCCA insurance. If you’re in your home and you shoot the bad guy, and he sues, you’re probably thinking, okay, I’ll just turn this over to my homeowner’s insurance. Right? Except, buried in your insurance policy is an exclusion that reads something like this: We do not provide coverage for claims “arising out of any criminal, dishonest, fraudulent or intentional act or omission.”
You intentionally pulled that trigger, and intentionally stopped the bad guy from killing you, so your insurer has neither a duty to defend you, nor a duty to indemnify you if the bad guy sues you. So, all that money you’ve been pouring into homeowner’s insurance… it doesn’t cover this situation. USCCA does. Go read your policy. You most likely are not aware of all the things that are excluded. This is the major reason you need USCCA protection.
Full disclosure: I write for Concealed Carry Magazine, which is a publication of the USCCA. I am an attorney licensed in Missouri.
There are other (arguably better) options……
Two to chest and one to head. If this does not work, do it again.
Anything worth shooting once is worth shooting at least twice.
If that doesn’t work, you probably won’t get the chance to do it again. And that still does not stop the family members from suing you, after all Biden says you don’t need to shoot anyone, just stick your shotgun out the window a set off a couple round or shoot them in the leg…But that may have been advice he go from Corn Pop.
Repeat and repeat again if necessary. If the repeated actions fail…you’ve picked up your kids nerf gun.
I agree with joining USCCA. I did and do rest a little easier knowing I will not be in the poor house if some idiot decides to invade my house. But I will have to live with the knowledge that I ended a life.
We are taught from a very young age that life is precious and should be protected al all costs.
I have U S C C A for my wife and myself just in case. I figure it’s like carrying a spare tire, hope I never need it but it’s there if needed.
So we’ve learned something, if you have to shoot someone, shoot to kill !
Exactly right!
While I understand the comment, it is inaccurate. We shoot to stop, it that kills them so be it but we do not shoot to kill, we shoot to safe others or ourselves. Consider how that comment would look to a DA and worse to a jury. These days all the stuff they can find will be used against you in court. And you will be tried in the eyes of the public long before you get to court.
No! You NEVER shoot to kill! You always, always, ALWAYS shoot to STOP the offense! However, your target areas of the intruders body are your choice.
And these articles just prove how far in the toilet America has fallen. The low life criminal should not have more rights than law abiding citizens. And the government can’t figure out why there are more and more criminals everyday. I think we should go back to the old west form of law enforcement. How likely are you to break the law if you know you going to get shot and die. Of course now you can commit murder and get free meals, health care, cable TV, for the rest of you life. People in prison live better than most of the working class.
Mo, I live in Washington state and I hear USCCA will not cover or can not cover people in some states. Is this true? If so, what then?
I believe it is true, but there are a couple of other choices you have, I think CCW Safe might be one, but just check on line and they will tell you if they can cover you. I use USCCA. My sister went with US Law Shield. I know there are several different groups and I confident you will find one hat can cover you.