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Thread: Civil liabilty for only wounding an attacker???

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    Regular Member self preservation's Avatar
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    Civil liabilty for only wounding an attacker???

    I found myself in a discussion today about being sued by an attacker that you only wounded. I advised not to "finish off" an incapacitated attacker because that would be murder. I also assured them that under KY. law, if the force you used was found to be justifiable, then you would be shielded against civil suit from your would be attacker. When I was asked to produce said law, I immediately pulled up the "castle doctrine" only to be surprised that no such statement was in the law. So I went to the sticky "KY gun laws" section of this forum and started looking. Either I have overlooked such a statement, or I imagined that such an immunity existed for justifiable uses of force. Can anyone advice on this?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by self preservation View Post
    I found myself in a discussion today about being sued by an attacker that you only wounded. I advised not to "finish off" an incapacitated attacker because that would be murder. I also assured them that under KY. law, if the force you used was found to be justifiable, then you would be shielded against civil suit from your would be attacker. When I was asked to produce said law, I immediately pulled up the "castle doctrine" only to be surprised that no such statement was in the law. So I went to the sticky "KY gun laws" section of this forum and started looking. Either I have overlooked such a statement, or I imagined that such an immunity existed for justifiable uses of force. Can anyone advice on this?
    Try Kentucky Revised Statutes 503.085

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    Or the common law elements of self-defense; be innocent of instigation, be in reasonable fear of bodily harm, use sufficient force only to deliver oneself from evil, and attempt to withdraw.
    Last edited by Nightmare; 08-07-2015 at 08:37 AM. Reason: emphasis for the willfully hard of reading
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    Regular Member self preservation's Avatar
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    Quote Originally Posted by notalawyer View Post
    Thanks a ton. That was driving me crazy.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member DrakeZ07's Avatar
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    Quote Originally Posted by Nightmare View Post
    Or the common law elements of self-defense; be innocent of instigation, be in reasonable fear of bodily harm, use sufficient force only to deliver oneself from evil, and attempt to withdraw.
    "Attempt to withdraw" ??? What is this nonsense? We're a stand your ground state. only thing that'll be near "attempt to withdraw" will be my sidearm from its holster if someone makes the mistake to try and cause me bodily harm. Ain't gonna 'withdraw' or leave a scene; if in my home, or on a public places where i have a right to be, then im staying put until my lawyer instructs me further, or im pulled away by LEO and questioned for standing my ground.
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