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MechAg94 wrote:Texas also has limits on punitive damanges for tort cases. If the kid just caught a couple pellets with minor injuries, his damages aren't going to be enough to warrant taking the guy's house. That kind of ridiculous lawsuit is what the tort limits were supposed to control. You ought to be able to recover damages. It is not supposed to be a license to destroy someone's life and take all their stuff. And that is assuming you win and full responsibility is put on the shooter.

Also, I am not certain the court can take away the guy's homestede in a court action anyway. The worst you could probably do is put a lien on it. Other assets are likely fair game.

texanjoker wrote:

Cedar Park Dad wrote:

MechAg94 wrote:OKay, a few comments after seeing the article and some of the posts.

1. It was obviously some type of bird shot. He isn't being charged with attempted murder the the article referred to it as "peppered". Doesn't strike me as any sort of serious injury. It also didn't say how far away it was or how dark it was or what if any confrontation occured.
2. There is no statement at all from the shooter. We have absolutely no idea what he saw or thought he saw. You don't know if he knew it was a toilet paper prank or something else or if they were carrying something that looked more suspicious. IMO, those who claim there is "no moral or legal justification" for this shoot should amend that to say no "apparent" justification. We only know a few basic facts.
3. Lastly, in my experience as a past teenager and otherwise, teenagers are often habitual liars and will say or hide anything to get out of what ever wrong doing they might be in trouble for even to the point of convincing themselves they are right and justified. I am not trying to defend the guys, I just want to hear the whole story before condemning him. Of course, the charges are short of attempt murder so I don't know how serious they are.

On that other hand, I am having a hard time figuring out how he would be justified in shooting if this was just your typical TP prank with nothing else going on.

Pretty certain however, the shooter is about to get sued out of his mind.

YUP I would own his house. I have had my house TP'd before (2 teenage daughters) and I am sure they have done it back. It's a harmless prank and I'd probably end up in jail if somebody shot my daughters or son over TP.