Quote:
Originally posted by NebraskaDelt
GPB, the reason they sued is because most state law says you can't use excessive force when someone breaks into your home. (Texas, of course, may be a totally different story, but in liberal California, you can only protect yourself using grass.) This goes back to what Kddani was talking about concerning the spearguns or whatever (it has been a long time since 1L torts). The homeowner lost because the defense used was extra-ordinary. If the robber had a gun, it would be a different story. If the robber had a knife, a gun in defense is arguable, but you could use a knife.
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In texas, if you are on my property and i believe you are a threat to me or my property, i can use force. I don't necessarily think it can be deadly force unless you have a weapon. now, if it's night, i can shoot you if you step foot on my grass b/c you cannot always see well at night and better to be safe than sorry. it's kinda nice (in the way that i can protect myself without worrying too much about going to jail) but also a little scary at the same time!