VA law question: criminal hurt, can he sue?

The Code of Virginia is not preemptible by local statute

VA law question: criminal hurt, can he sue?

Postby AlanM » Mon, 05 Feb 2018 12:31:45

Can someone sue if they are hurt while committing a felony here in Virginia?

Some years ago there was a case, somewhere in the US, in which a burglar gained access into a restaurant by crawling down a ventilation duct. He fell into a HOT deep fat fryer and was seriously burned spent quite some time in pain in hospital.
He sued the restaurant for damages.

Cases like this, where someone gets hurt or killed during the commission of a crime and then sues the owner of the target of the crime for damages, that causes the Ohio legislature to modify their tort law to prevent this.

The legalese is somewhat hard to follow but here's a link to the Ohio state law I'm talking about.
http://codes.ohio.gov/orc/2307.60

The interesting passages are after (B) (2)
"(2) Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if any of the following apply:"

Essentially, if someone is hurt or killed while in the process of committing a felony or a misdemeanor that is an offense of violence they are forbidden by law to sue anyone.
This includes them, their heirs, relatives, or any other representative of them or their estate.
And the wording is such that it includes persons that WOULD have been found guilty if they had survived.

What's interesting is that this was that the gun community in Ohio wasn't really aware that this change was in the works until the change in law was passed. It was a change in tort law, we were worried about concealed carry and no gun zones, so who cared?
Well, it turns out that that simple change took a hell of a lot of worry out of whether or not to protect yourself with deadly force. Granted, you could still be indicted if you used your gun inappropriately but if it was found to be a good shoot. No one could sue you.

Now for my question. Does something like this exist in Virginia law?
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.


Active, Reserve or Veteran of the United States Navy   National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
AlanM
Sharp Shooter
Sharp Shooter
 
Posts: 1730
Joined: Fri, 31 Dec 2010 11:05:15
Location: Charlottesville now. Was Stow, OH
First Name: Alan

My Arsenal:
My EDC is a 1911

Re: VA law question: criminal hurt, can he sue?

Postby smltooner » Mon, 05 Feb 2018 21:47:03

I certainly hope so.
THE HIGH PRICE OF FREEDOM IS A COST PAID BY A BRAVE FEW. In memory of our fallen heroes.

THOSE WHO SERVE DESERVE HONOR, RESPECT, THANKS.


National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
smltooner
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 1243
Joined: Thu, 15 Apr 2010 00:53:38
Location: Smith Mtn Lake, VA
First Name: Ted

Re: VA law question: criminal hurt, can he sue?

Postby WRW » Tue, 06 Feb 2018 00:51:59

http://www.wolcottriversgates.com/blog/ ... landowner/

They can sue. Would they win?

Sorry about linking to a law firm, but they were willing to post opinion on trespass.

[ Post made via Mobile Device ] Image


User avatar
WRW
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 2454
Joined: Fri, 17 Jul 2009 09:21:31
Location: 11 miles from Thornburg
First Name: Bill

My Arsenal:
Daisy Legacy .22

Next Firearm:
9mm maybe

Re: VA law question: criminal hurt, can he sue?

Postby SHMIV » Wed, 07 Feb 2018 09:42:13

I don't have an answer to this. It does remind me of a guy who I used to know, in New York, about 20 years ago.

This guy came home from an outing with his wife and children, and found that the teen son of his neighbor had broken into the house. The family dog did his job, and shredded the teen.

Later, the father of the teen sued. The dog was ordered to be put down, and the guy ended up selling his house, downgrading his auto fleet, and taking two side jobs, in order to pay off the lawsuit. I believe that the wife ended up having to work long hours, as well.

Had I been the judge, I would have tossed the @$$hole teen, the chitsack father, and that repulsive douchenozzle of a lawyer that represented them, in jail for contempt of court, for bringing that unjust nonsense into my court room. And, that dog would have lived on to the end of his natural life.

Occasionally, I wonder about that guy, and his family. I do hope that they were able to recover from that travesty of justice.

[ Post made via Mobile Device ] Image
"Send lawyers, guns, and money; the $#!t has hit the fan!" - Warren Zevon


User avatar
SHMIV
Sharp Shooter
Sharp Shooter
 
Posts: 5595
Joined: Mon, 08 Aug 2011 21:15:31
Location: Where ever I go, there I am.
First Name: H

My Arsenal:
A big ol' tank of a Cadillac and a right foot made of lead.

Next Firearm:
The one that appears at the right time and location.

Re: VA law question: criminal hurt, can he sue?

Postby kelu » Wed, 07 Feb 2018 10:08:20

This reminds me the laws in my home country, where if someone broke into your house with a 2 inch knife and you happen to grab a 3 inch knife (we are not allowed to have guns), you go to jail, for disproportionate response.
All political power comes from the barrel of a gun. The communist party must command all the guns, that way, no guns can ever be used to command the party - Mao Tse Tung


User avatar
kelu
VGOF Gold Supporter
VGOF Gold Supporter
 
Posts: 1438
Joined: Mon, 02 Apr 2012 12:34:51

Re: VA law question: criminal hurt, can he sue?

Postby AlanM » Wed, 07 Feb 2018 15:23:17

kelu wrote:This reminds me the laws in my home country, where if someone broke into your house with a 2 inch knife and you happen to grab a 3 inch knife (we are not allowed to have guns), you go to jail, for disproportionate response.


UK, I'm assuming. England, specifically.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.


Active, Reserve or Veteran of the United States Navy   National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
AlanM
Sharp Shooter
Sharp Shooter
 
Posts: 1730
Joined: Fri, 31 Dec 2010 11:05:15
Location: Charlottesville now. Was Stow, OH
First Name: Alan

My Arsenal:
My EDC is a 1911

Re: VA law question: criminal hurt, can he sue?

Postby jdonovan » Wed, 07 Feb 2018 20:22:37

kelu wrote:This reminds me the laws in my home country,

Well it was the kind of place that at one time would execute those who opposed the state view and then bill the family for the bullets.


User avatar
jdonovan
VGOF Gold Supporter
VGOF Gold Supporter
 
Posts: 1918
Joined: Tue, 28 Jul 2009 10:03:02

Re: VA law question: criminal hurt, can he sue?

Postby kelu » Wed, 07 Feb 2018 22:11:21

True. My mother uncle was one of them. Leader of the anti-communist movement.
But the laws I'm talking are from these days. Like in UK.
All political power comes from the barrel of a gun. The communist party must command all the guns, that way, no guns can ever be used to command the party - Mao Tse Tung


User avatar
kelu
VGOF Gold Supporter
VGOF Gold Supporter
 
Posts: 1438
Joined: Mon, 02 Apr 2012 12:34:51

Re: VA law question: criminal hurt, can he sue?

Postby HilarityEnsues » Sat, 23 Jun 2018 19:30:54

Yes they can. When I was taking automotive classes one of my classmates had a vintage GTO stolen by teenagers, totaled and due to the lack of seat belts all 3 kids were seriously injured.,

Despite laws stating due to the model year of the GTO it didn’t require seatbelts one of the parents sued due to said injuries. I never saw him the following semester so I have no clue how it ended.

[ Post made via Mobile Device ] Image


User avatar
HilarityEnsues
Sharp Shooter
Sharp Shooter
 
Posts: 203
Joined: Tue, 08 Jan 2013 13:59:48
Location: Here today, Gone tomorrow.
First Name: Adam

Re: VA law question: criminal hurt, can he sue?

Postby wittmeba » Sun, 24 Jun 2018 18:32:08

I believe anyone can sue anyone else. Either by getting a supporting lawyer or feeling they have the knowledge to handle the procedures themselves. I don't believe there is anything in any law that would prevent a law suit.
It is still a scary thought as to how close we came
to having Hillary Clinton as president of the USA.

A Concealed Weapon Permit is nothing more than a permit to allow a LAC to wear a jacket.


Make America Great Again

M-A-G-A


Active, Reserve or Veteran of the United States Army   National Rifle Association (NRA) Member   Virginia Citizens Defense League (VCDL) Member  
User avatar
wittmeba
Sharp Shooter
Sharp Shooter
 
Posts: 1540
Joined: Tue, 15 Jul 2014 20:24:12
First Name: Bruce

My Arsenal:
Lost when boat capsized

Next Firearm:
Ruger SP101 .357 with 3" barrel



Return to Virginia Laws and Regulations

Who is online

Registered users: countertop, Exabot [Bot], Google [Bot], jpmuscle, Santini

cron
Please Support
Our Sponsors