How legally liable are you for damage to public or private property that happens in the course of defending your life?
Let’s say that you are in an antique china and glass shop, when your girlfriend’s insanely jealous ex-husband sees you, rushes in and immediately attacks you with a deadly weapon.
In the course of defending yourself, the shop is trashed and half a million dollars worth of Ming china and 18th century glassware ends up in shards. Are you legally liable?
You didn’t ask this bozo to attack you, you did nothing that could reasonably be called provocation, and if you hadn’t vigorously defended yourself you have strong reason to believe you would have been killed.
Aside from a civil lawsuit by the shop’s owners, what about criminal liability? Are you guilty of “breach of the peace” or “disturbing public order”, or whatever catchall they use to charge people with brawling? I do know that the police usually have little sympathy with the “I was attacked first” plea when they have to break up barfights.
You would not be criminally liable due to the defense of necessity. If what you did was necessary to save your life or yourself from great harm, you have a good defense. However, you may be responsible for all the monetary damages arising from your action. Civil liability is usually based on negligence. If you can show that you were not negligent, you are not liable. The shop owner may be able to bring a suit under some other theory, but I think your girlfriend’s ex is the responsible party.
IANAL, but I’d imagine that if you had assets &/or insurance, you’d be named in the shopowner’s suit.
IANAL either, but I would posit a guess that the shop’s insurance would pay the shopowner, and this insurance company would primarily go after the bozo who attacked you.
Hopefully the shop has a nice video surveillance tape which could put the question of who attacked who first (for the criminal attempted murder case, as well as any civil action) to rest.
-AmbushBug