another okie
Member
An interesting Oklahoma case appears in the current issue of the Oklahoma Bar Journal. Leaving out the irrelevant details, two drivers get into it, one gets out and shoots the other.
The shootee sues, and when the shooter doesn't show up, changes the case from an intentional act to an "negligent" discharge. This has the effect of allowing the shootee to sue the shooter's insurance, since insurance covers negligent acts (such as a car accident) but not intentional acts (such as pointing a gun at someone and pulling the trigger.)
The Oklahoma Supreme Court is sending it back because there were obviously some shenanigans at the lower level, but it is a reminder of something Massad Ayoob has said.
The shootee's lawyer will jump on any suggestion that your self-defense shooting was "accidental" since that allows them to go after your insurance.
So don't say anything like "the gun just went off" or "I was surprised when it went off" or "I didn't mean to shoot him."
If your life was in danger, say so. "He was trying to kill me, so I defended myself and shot him."
The shootee sues, and when the shooter doesn't show up, changes the case from an intentional act to an "negligent" discharge. This has the effect of allowing the shootee to sue the shooter's insurance, since insurance covers negligent acts (such as a car accident) but not intentional acts (such as pointing a gun at someone and pulling the trigger.)
The Oklahoma Supreme Court is sending it back because there were obviously some shenanigans at the lower level, but it is a reminder of something Massad Ayoob has said.
The shootee's lawyer will jump on any suggestion that your self-defense shooting was "accidental" since that allows them to go after your insurance.
So don't say anything like "the gun just went off" or "I was surprised when it went off" or "I didn't mean to shoot him."
If your life was in danger, say so. "He was trying to kill me, so I defended myself and shot him."