Perhaps further refinement would make it more practical. You can always sue for damages but if you are convinced of the crime, the complaint is voided and you are responsible for all costs incurred including defendants attorney fees and hourly wage for time spent addressing the suit times 3.5X for inflation.
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while this has never happened, it can happen. In April of 2014 a homeowner recklessly shot a man in the leg who was breaking into his garage. The burgler was convicted and he actually sued the homeowner and won.
Excellent idea
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When I was young, a man broke into an elderly womanâs house in a nearby town. Hearing something, she came out from her bedroom, turned the corner and was at the top of her stairs. The man was nearly to the top of the stairs when she appeared, startling him. He fell backwards down the stairs breaking his leg in 3 places. He sued the elderly woman and won a $300,000 settlement in 1983 dollars. I know this happened because my cousin was one of the paramedics who responded. My father told me if i ever had to shoot an intruder, make sure he was dead, because heâd sue otherwise. Iâm guessing itâs not common, but itâs not as rare as it should be.
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The home invasion story further makes the point that has been in debate here.
For this idea to be made into law, by whichever States choose to adopt it, there will need to be circumstances defined.
Clearly, there are different levels of severity in the crime of trespassing. Someone in your garage as opposed to someone at the top of your stairs. While both of those are crimes, one is the right to protect oneâs property and the other is the right to protect oneâs life.
Maybe an easy way to structure the verbiage of this proposal would be to include the word, "Felony ".
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Maybe this description gets it closer?
âIf during the commission of a FELONY, you suffer damages, you can not bring a suit against who would otherwise be the victim.â
Changing crime to felony might be what was missing?
I guess the next thing is to add all the lesser crimes that would also qualify.
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No because District Attorneys and criminals often negotiate plea deals reducing felonies to misdemeanors. Also in leftist states they often fail to prosecute at all leaving the citizen on the hook even if the criminal was breaking the law. It would be best to state something like the following;
Proposed Law Verbiage:
Section 1: Immunity from Civil Liability
Any individual who is about to engage in, engaged in, or has just engaged in unlawful activity shall be barred from initiating or maintaining any civil lawsuit for injuries or damages sustained as a direct or indirect result of such unlawful activity. In addition the estate of such an individual is also banned from filing a civil suit involving a deceased individual who was about to engage in, was engaged in, or had just engaged in unlawful activity.
Section 2: Legal and Fiscal Responsibility
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Any individual engaging in unlawful activity, as well as any person who aids or abets such activity, or their estates shall be automatically deemed legally and fiscally responsible for all damages or injuries resulting from the unlawful activity.
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This responsibility includes, but is not limited to, any costs incurred for medical expenses, property damage, or other compensatory damages arising from the unlawful activity.
Section 3: Definitions
For the purposes of this law:
- âUnlawful activityâ refers to any act that violates local, state, or federal law.
- âAid and abetâ refers to any assistance or encouragement provided to another person to commit an unlawful act.
Section 4: Severability
If any provision of this law is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
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Better writing than Iâve done.
I think you should run with this and see if any State picks it up.
Thank you
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I completely agree. I would also add that illegal aliens being injured or losing wages or being incarcerated have no legal standing. They may not sue for damages, injury, etc . They should not have any rights afforded US citizens except for immediate health issues but no free health care. They can be treated but must PAY. And must LEAVE the country as soon as possible after treatment.
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Yes perfect! âunlawful activityâ is the best wording.
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Yes perfect! âunlawful activityâ is the best wording.
Limiting it to âfelonyâ might miss the mark youâre trying to make, The 4 sections your wrote out work great. Definately add them to your proposal.
I only recommended âCriminal Suit Preventionâ as a shorter title.
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Excellent. Looking like a fruitful collaboration.
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Err sorry, ask @DiveMaster if you can add their 4 points to your post! I misread the author.
Tony, could OP add these points to the post ^? Iâm sure OP would credit you and tag ya.
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Already captured illegal aliens are actively engaged in violation of title 8 USC.
Section 1: Immunity from Civil Liability
Any individual who is about to engage in, engaged in, or has just engaged in unlawful activity shall be barred from initiating or maintaining any civil lawsuit for injuries or damages sustained as a direct or indirect result of such unlawful activity.
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The issue with this is if the person committing the crime doesnât have any income or assets then the court making them responsible for a judgement to reimburse someone elseâs legal expenses doesnât actually help the victim who had the suit filed against them.
I updated my recommendation based on feed back on another post about parents suing when their child dies committing murder.
Please feel free to use any of my comments or suggestions.
I didnât open a new policy for this myself because one already existed. I just hoped to help get a better complete recommendation.
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You heard em @Apple_Pi
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Iâve linked this thread to my State legislator.
I recommend all of you do the same in your own States.
Donât hesitate, remember how long it takes for the Government to get anything done.
Thank you all for your help.
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Very common senseâŚnot very common these daysâŚis the exception not the rule.
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