Wa State RCW and Civil Lawsuits

[jddssc121]

http://blogs.kitsapsun.com/kitsap/crime/archive/2008/05/concealed_handguns_to_carry_or.html#more

in reading the article about the mall shooting, one of the comments posts spoke about the potential lawsuits that could arise even if cleared of any criminal charges.

Doesn't RCW 9A.16.110 cover this ?

No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense.

 

[Old Dog]

It doesn't matter what "legal protections" one presumably has under the statutes; the fact is, in our litigious society, one may be the victim of a lawsuit under almost any basis. All that's needed here is one sleazy lawyer who can convince a jury (or judge) that the actor was somehow negligent (or his/her training was insufficient) when he/she discharged the firearm, no matter how pure the motives or how grave the danger to the potential victim(s) ...

 

[NavyLCDR]

I tend to disagree. Just like castle doctrine and stand your ground laws, if we really look at entire case histories and circumstances, probably 95% of all self defense shooters receive adequate protection. In the two years I lived in OKC and started paying attention, I remember no less than four news stories of self defense shooters where the police reply was good job, no harm, no foul, sorry for the blood on your carpet, have a nice day.

In a true self or others defense situation, the absolute last thing on my mind would be legal ramifications against me for my self defense actions.

 

[Bobarino]

one may get drug into court as you can't prevent anyone from filing a civil suit but once it reaches the court, it will be tossed out if it meets the standards set forth in 9A.16.110.

i remember a case several years ago about a robber who was shot and killed by the intended victim near Tacoma General Hospital. the family tried to sue for wrongful death and it lasted all of 5 minutes in a courtroom before the judge threw out the suit. i'll see if i can find the case but it was looooooong time ago and i only read about it in the Tribune.

you'll be hard pressed to find a case where the dead criminal's family sued a victim and won in a case of self defense in WA.

ETA: our Mr. Meyer, the commenter, hasn't read up on his WA laws. he's simply not informed.

Bobby