Throws and Liability?

[Flatlander]

What about the circumstance wherein the defender is not "consciously choosing" to react this way or that; rather, they rely on the natural response that their body produces. If this type of a scenario results in what could be determined as "beyond reasonable", then does the defender remain culpable of using excessive force?

It seems to me that there need be some type of litmus test for determining the defender's ability to control the level of force that they respond with before intent to cause undue harm can be demonstrated. Mind you, I'm not a lawyer. I simply don't know the answer.

 

[jks9199]

What about the circumstance wherein the defender is not "consciously choosing" to react this way or that; rather, they rely on the natural response that their body produces. If this type of a scenario results in what could be determined as "beyond reasonable", then does the defender remain culpable of using excessive force?

It seems to me that there need be some type of litmus test for determining the defender's ability to control the level of force that they respond with before intent to cause undue harm can be demonstrated. Mind you, I'm not a lawyer. I simply don't know the answer.

To the best of my knowledge, the reasonableness of the defensive force used will be judged in light of the totality of the circumstances; things like relative size and fitness, time to react, escape alternatives, weapons used or displayed or implied, and more. Reasonable force is not the MINIMUM force necessary; the question is whether, in light of the totality of the circumstances, was the force used reasonably in line with the threat presented. One of the determining factors in whether something is lethal force or not is whether the person using it could or should have known it was likely to cause serious bodily harm or death. You could simply shove someone away, and they fall and land just right to break their neck; was the technique something a reasonable person would foresee as leading to that outcome? And that's only the criminal side of the question...

Use of force is a very complicated area of law. Civil lawsuits involving use of force get even more complicated -- and the burden of proof in a civil case is different from that of a criminal case.

If you simply reacted instantly, with no thought or planning, to an actual attack -- not a mere threat -- in a way that accidentally caused serious bodily harm, my guess (which is not at all a substitute for legal guidance from an attorney!) is that you could come out OK. But it's still going to be costly to go to trial...