In my opinion, at least for planning purposes, a person who carries a handgun and anticipates that circumstances at hand could cause him or her to lawfully fire that weapon, resulting in the death or wounding of your "innocent bystander," should anticipate that he or she not only can be sued, but will be sued. Ultimate liability, if any, is a different question of course, after, naturally, the case wends its way through the courts, possibly for years.Libertas wrote:IMHO, and someone please correct me it I'm wrong, but if you hit an innocent bystander you could be sued by them even if the shoot was no billed. IANAL
In my words above you will note no distinction whether the shooter be a CHLer, LEO or neither of the above. The shooter's status at the time may be relevant to ultimate liability, but not necessarily as to the likelihood of a civil action following the tragedy.
To further impress our CHL holders with the responsibility they take upon themselves, while your question, Libertas, is related to an "innocent bystander," my answer applies also with respect to killing or wounding "the bad guy," although in most states, and particularly in Texas, different legal principles will be applicable and may alter the likelihood of the civil action.
Many of our members out there probably recall the article published some time ago by an LEO which related that every round he has fired "on the job" has cost him $15,000. If the author wrote that article today I suspect the cost per round would probably have more than doubled.
I am not selling insurance or legal services or anything other than the need for keeping one's eyes and mind open with respect to the responsibilities we have taken upon ourselves by carrying around that little piece of plastic in our wallets or purses. The question of whether or not one needs to purchase insurance includes all the same factors it has always included. Things like, for example, the assets one has at risk, and the nature of his activities which may lay him open to exposure.
Do I have insurance because I carry a concealed weapon? Yes. I have assessed the standard issues one typically assesses before deciding to purchase insurance and decided that it could prove to be money well spent. I will not mention the identity of that insurance since I would not wish to shortcut any person's personal assessment, nor would I wish him or her to make a mistake because of something I said.
As to insurance, I will take this opportunity to say again what I have said before. Above all, do not expect to get meaningful advice about various products offered by chatting on a forum like this, particularly where, to the best of my recollection, I have never seen even a hint that someone actually used the product satisfactorily. One should get such advice from competent insurance advisors, be they insurance brokers or competent lawyers, or some other credible and reliable professional -- someone familiar with the risk we have undertaken. Always get that advice in writing, no matter who the source was. That is why, for example, insurance brokers and lawyers are paid for the services they render. They take on considerable personal risk should they give you the wrong advice.
My advice here of course earns me not a penny, so I leave the question bothering you and others, Libertas, to the professionals who make their livings giving such advice. I will beat the anticipated round of commentators observing that I have admitted that my advice here is worth exactly what you have paid for it. I agree. Take it for what it is worth, and pay to get advice you can count on.
And, in closing, Libertas, you are doing exactly the right thing in thinking about this before the fact. I would submit that one might also take a millisecond thinking about it before touching that trigger. I do not imply that these considerations take precedence over all the other things one thinks about, whether he knows it or not, during that millisecond, but only that all this should be on the list.
Elmo