By OBBM Network Editorial Staff

Derived from an episode of Armed Attorneys.

In the United States, the right to self-defense is deeply ingrained in the law and the culture. However, the consequences of exercising this right can be far-reaching and unexpected. Even if an individual is found to have acted in justified self-defense, they can still face civil lawsuits that can be costly and damaging to their reputation.

Understanding Civil Liability in Self-Defense Cases

Richard D. Hayes and Emily Taylor, hosts of Armed Attorneys, recently discussed the complexities of civil liability in self-defense cases. According to them, many people assume that if they are found to have acted in justified self-defense, they will be immune from civil liability. However, this is not always the case. As Emily Taylor notes, ‘I don’t know of a single state that will actually stop that lawsuit at the courthouse steps.’ Instead, the individual may still have to go through a civil trial to determine whether they are liable for damages.

One of the key issues in self-defense cases is the concept of ‘justification.’ In Texas, for example, Chapter 83 of the Civil Practices and Remedies Code provides that a defendant who uses force or deadly force that is justified under Chapter 9 of the Penal Code is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force. However, this protection is not absolute, and the individual may still face lawsuits if the plaintiff’s attorney can persuade a jury that the use of force was not justified.

The Role of Insurance in Self-Defense Cases

Another important factor in self-defense cases is the role of insurance. As Richard D. Hayes notes, ‘Insurance is the biggest one’ in terms of motivating plaintiff’s attorneys to pursue lawsuits. If the individual has insurance, the plaintiff’s attorney may see an opportunity to win a large settlement, even if the use of force was justified. This can lead to costly and time-consuming lawsuits that can be devastating to the individual and their family.

Reforming the Law to Protect Self-Defenders

Given the complexities and risks associated with self-defense cases, it is essential to reform the law to provide greater protection for individuals who exercise their right to self-defense. As Emily Taylor notes, ‘We’re working very hard with Gun Owners of America to get this stuff reformed.’ This includes efforts to add protections for individuals who face lawsuits after being found to have acted in justified self-defense, as well as measures to prevent plaintiff’s attorneys from pursuing frivolous lawsuits.

In conclusion, the consequences of self-defense can be far-reaching and unexpected. While the right to self-defense is deeply ingrained in the law and culture, individuals who exercise this right can still face costly and damaging lawsuits. It is essential to understand the laws and protections in place and to work towards reforming the law to provide greater protection for self-defenders.

The full episode of Armed Attorneys is available on OBBM Network TV.

Watch Armed Attorneys on OBBM Network TV: https://media.obbmnetwork.tv/embed/tv.html#series/armed-attorneys