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Hmm... Okay, yeah, the lawsuit agains the guy who broke into your house is just ridiculous, but the fact that you threw a huge-ass temper tantrum when you saw him, you totally deserved it :]
I hope something horrible happens to you and lets see how your opinion change when you go by the law.
temper tantrum? for all we know he could have been the most non-emotional person on the planet at the time. He could have had no emotion in him and just pure cool logic...like a vulcan
If he didn't use physical force against you, then technically he has the right to sue you. Self-Defense can only be claimed when the robber in question held you at gunpoint or did any of the things that you did to him, and I'm guessing by the FML that he didn't, so he's not wrong for suing you, Chelss24 is correct.
How do you know he meant no harm maybe he wouldn't hurt or killed him if he did'nt defend himself ? You weren't there .
Actually, depending on the type of law a state uses, someone that has broken into a home, is accosted by a resident, and approaches even after being threatened, is fair game for murder. They don't have to whip the gun out because their continued approach is sufficient proof of intent to harm. If they're holding a conceivable weapon (even if it was just used for smashing open a door or window) they're not only fair game, you don't have to warn them that you'll kill them.
What if someone jaw walks? They clearly are showing no care for the law. How can you know they won't hurt you? You should shoot them! (end sarcasm) There needs to be more of a middle ground. It's no good to shoot all intruders (sorry, Texas), and it's no good to sue people over non-lethal damage when they break into someone else's property. If it's reasonable defense, it should not be something one can sue over. I applaud the OP for restraining the robber with zip ties. Punching him while he's down (from being tackled) sounds like a bit much. If you break someone's face and they didn't show any intent of attacking you, that sounds excessive. I'd leave it for the judge/jury to decide what counts as excessive in my non-existent world :P
Its called King of the Castle. A lot of U.S. states have self-defense laws where you may use physical force to repel/capture intruders insider your home. You may even kill them in some situations without having to try and retreat because it's your home and it's presumed ner' do wells can't drive you out. Even without that law, I can't think of any state that would penalize a guy for preemptively striking and detaining a person breaking into his home just because he didn't wait to see if the guy had a gun or not. I think neutralizing the threat right off and calling the police was actually quite reasonable.
Um...maybe because tackling someone does jack shit? The punch was likely to get the robber knocked a bit silly so the OP would have enough time to get him restrained properly. Or something along those lines.
Wtf. FYL indeed. ps, nice work.
Ydi for not shooting him!! Dead men dont sue!!!! I hope this case gets thrown out as its obviously frivolous!!!!
Yep...Should've put 2...or several in his chest for being in your home. Then your good, no lawsuits. He was in the house it was dark, and he said he had a gun, and ya shot em dead. End of story. :) But no, you're an idiot.
Total BS post as far as facing assault charges. You have a right to protect your property in robberies and police won't pursue charges against you.
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That's gonna get thrown out of court rather quickly. Also, sue him bactoor the emotional trauma you suffered of walking in on a robbery :P
Nobody said our justice system was perfect, but it still sucks super bad for you.