Sueing the good guy after getting shot by mistake...

Would you sue someone who shot you no matter the circumstances or explanation?

  • Yes, I would sue no matter the circumstances or explanation.

    Votes: 36 28.3%

  • No, I would weigh the circumstances and explanation carefully.

    Votes: 91 71.7%
  • Total voters
    127
Status
Not open for further replies.
U

usaign

Moderator
I thought I might start a poll and discussion. Lets say you get shot by a good guy, accidentally, who really meant the round for a bad guy. Lets say the bad guy was doing something really bad like armed robbery and being an overall menace.

So would you sue no matter what the situation or explanation?
 
If I am alive enough to sue, then that means I'm alive enough to survive. I have excellent health care coverage. I don't need to sue someone who tried to do the right thing.

Now, if I die as a result of their poor aim? The last thing the "good guy" will have to worry about coming from my family is a lawsuit. He'll likely expire from acute lead poisoning before anyone makes it to the courthouse...
 
I might or might not sue but would be fairly certain to consider it. If shot by a bad guy, I might sue no matter what though although as I just said I would also consider not doing it. The reason(s) I might sue a bad guy no matter what would be for things like justice and revenge and because I might be a tad bit upset that some dirtbag shot me. There might also be some speculation, I mean he might hit the lottery, sue the police and win a big cash amount, or get a real job someday and all that could become mine. That would be justice.

As for suing a good guy, I would consider suing. There would be a lot more to consider in this case as far as I am concerned. A lot would depend upon whether or not the shooting was justified (not shooting me but the whole action of using lethal force in the first place whether or not he was firing at me on purpose who hit me by mistake). If not justified I might be more likely to sue. I would consider it for sure, and would consider suing the individual and any organization involved such as a police department.

All the best,
Glenn B
 
Good question, and I'm not sure I know what I'd do. OK, he's trying to be a "good guy", but did he really need to shoot, and was it his responsibility to shoot? Also, even though he did not mean to shoot an innocent person, he is ultimately totally responsible for every round he fires. I guess if he paid all my medical bills and lost wages, etc., I wouldn't sue.
 
As Clint Smith says: "Every shot you fire downrange has a lawyer attached to it." I would sue probably no matter what. Depends on how seriously I was injured. Put me in a wheelchair and you will pay for it.
 
Whether we would or not is largely irrelevant. Our health insurance and/or life insurance will sue to recoup their payout losses.
 
If the shooting was ruled justified, AZ disallows civil liabilty. It would have to be a case by case basis on justification to see if negligence was responable for the third party injuries, or through no fault of the shooter. Not a lawyer, don't play one on TV, either.
 
Money... will make a blind-man see as the old saying goes... we're a litigated society, most people will never turn down the opportunity to make money deserving it or not.
 
Having never been hit by a bullet and never wanting too... I would think that there would be some pain involved. Health insurance might take care of the medical costs, but it won't take care of the time I have to spend making sure that things got paid. Remember in this scenario I did nothing wrong, simply in the wrong place at the wrong time. If I loose time from work why should that be my expense? I'm not looking to "get rich" just be made whole. I simply want what I expected from life before being shot.:)
 
I would have to weigh the circumstances very carefully, and determine if the person was acting in a reckless and dangerous manner. I MAY sue if it was some hothead who decided to needlessly throw lead in my direction. I would NOT sue if it was a good shoot, unavoidable, and fate saw to it I caught one when a good citizen did the right thing.

One of the reasons this country's legal system, and by extension our society, is as jacked up as it is, is because of folks and their ambulance chasing lawyers lining up every time there is a chance at personal profit at the expense of somebody doing their job, OR the right thing, OR having and honest, out of their control accident. I understand the insurance companies going after each other, I am talking about individuals seeing a chance and grabbing some poor schmoe's house, car, savings, kid's college fund etc. and running for the bank like they deserved the money. Like they have a right to kick a guy and take his wallet when he did the right thing in this instance.

Being able to look myself in the mirror and be OK with what I see is something I value. Something to ponder.
 
If I on the loosing end of a battle with the bad guy... and someone tried to help save my life by shooting, and made the mistake of hitting me instead.. NO... I wouldnt. I would be happy that I was alive at all.
 
Never turn up a chance to sue, if you have any real chance of collecting.

Having said that, maybe some kind of insurance might be a good idea. A few years ago the NRA put out a figure that the average cost for a "rightous" shooting was $50,000.

Getz (the NYC subway shooter), was sued by the scum that were trying to rob him and they were awarded $1,000,000. These were really bad guys, and they still won. So maybe insurance is worth looking into.
 
Bernie also violated numerous laws, and continued shooting after the threat had been nuetralized. Not really a good example of a righteous shooting.
 
The way the poll is turning out is interesting. 1 out of 3 people would not consider the circumstances or explanation and just file a suit. Its still a small sample though. I wouldnt put any credibility in the poll unless it had at least 500 responses.

Please keep your responses civilized. I wouldnt be throwing out there that your relatives would go after the guy with poor aim. Thats not lawful or civilized.
 
godot said:
So maybe insurance is worth looking into.
Click to expand...
Sure, if you could find a company to insure you.

Know of any companies out there willing to insure you against a lawsuit resulting from your use of a firearm???
 
The way the poll is turning out is interesting. 1 out of 3 people would not consider the circumstances or explanation and just file a suit.
Click to expand...

I think part of the problem is that your use of the word "sue" is a little vague. Are you talking about a multi-million dollar civil suit, intended to extract every penny you can from the shooter? Or would simply trying to recover medical expenses, lost wages, etcetera also count as "suing" in your book?

I had a motorcycle accident a few years back that only resulted in a two-week hospital stay and one (admittedly complex) surgery. The total bill was still over $140,000. If you think I (or my insurance company) will happily eat a large monetary loss just because the shooter's heart was in the right place, you're woefully deluded.

Know of any companies out there willing to insure you against a lawsuit resulting from your use of a firearm???
Click to expand...

I think one of the companies that advertises in the NRA magazines offers insurance against lawsuits resulting from the lawful use of a firearm. Can't remember the name, though.
 
Quote:
Thats not lawful or civilized.

Neither is suing, no matter the circumstances.
Click to expand...

so you are saying that if some moron pops off all 19rds towards a guy with a knife, and hits you in the spine, thats cool? no worries?
 
This is a really good question. First let me say that I am really against suing people. I've been in circumstances where I could have sued and didn't. I've also been on the receiving end of an unjust lawsuit which I fortunately won.

Would I sue if a good guy hit me by mistake? I don't know for sure. I would like to know his background. Did he take a firearms class, does he put time an effort into learning how to properly use his weapon or did he just go to the gunshop, buy a gun and stick it in his pocket and forget about training? I might consider it under these circumstances.

If I have to say yes or know I would have to say probably not. You can't blame a guy for trying to save his own life. If I was seriously injured I might want medical expences provided for and nothing more. If I died I would NOT want my family to sue. Prosecute yes, but not sue.
 
Status
Not open for further replies.
Back
Top