Quote:
Originally posted by gpb1874
and people in CA have sued b/c they broke into someone's house and were shot or otherwise injured while in the process. if you get hurt while committing a crime, too bad! may be some exceptions, but not many. another reason i love being in texas!
<<back to real topic>> i doubt it will matter if the party is over.
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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.
Enough legal talk, it's giving me a headache. Wow, I better get back to work at the law firm...
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