Texas Laws on Civil Liability
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Texas Laws on Civil Liability
Can anyone, especially an attorney, please explain what part of Texas law is in effect according to these two statutes. They seem to be in conflict. Thank you.
Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
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Re: Texas Laws on Civil Liability
Probably best to ask your lawyer. I don't know about others here, but would not want to give you an interpretation that could be construed as legal advice. I doubt any one else here will either.
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Re: Texas Laws on Civil Liability
Please read this thread. It discusses this topic
http://www.texaschlforum.com/viewtopic. ... Y#p1180313
Edited to add: I interpret the sign to me mean "No Shooting" firearms or BB Guns.
I guess they forgot about pellet guns.
http://www.texaschlforum.com/viewtopic. ... Y#p1180313
Edited to add: I interpret the sign to me mean "No Shooting" firearms or BB Guns.
I guess they forgot about pellet guns.
Last edited by WildBill on Sun Jan 28, 2018 4:59 pm, edited 1 time in total.
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Re: Texas Laws on Civil Liability
My take on it is that 9.06 says your civil remedies are not abolished or impaired. However 83.001 says civil liability for personal injury or death is NOT one of the remedies available, so it doesn't need to be abolished or impaired by 9.06, because it is already precluded.MunchmaQuchi wrote:Can anyone, especially an attorney, please explain what part of Texas law is in effect according to these two statutes. They seem to be in conflict. Thank you.
Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Now I'm standing by for the Texas Bar to accuse me of practicing law without a license for posting my opinion on a Web Forum. They're probably too busy chasing down LegalZoom, Nolo.com, and LTC instructors who teach for compensation.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
Re: Texas Laws on Civil Liability
Hmm. Clearly a rule #22 is needed to cover blatant, global, or, rampant lawyer bashing.ScottDLS wrote:...
Now I'm standing by for the Texas Bar to accuse me of practicing law without a license for posting my opinion on a Web Forum. They're probably too busy chasing down LegalZoom, Nolo.com, and LTC instructors who teach for compensation.
I would further propose that a rule #23 should prohibit use of the Oxford comma too. But that's me.
Re: Texas Laws on Civil Liability
This is probably a better link to an answer by someone who knows:
http://www.texaschlforum.com/viewtopic.php?f=7&t=30408
My take on it: if you shoot someone in justified self-defense, he or his survivors can sue you, but if you show in the civil suit Your use of force was legally justified, you cannot be held liable for the perpetrators losses.
http://www.texaschlforum.com/viewtopic.php?f=7&t=30408
My take on it: if you shoot someone in justified self-defense, he or his survivors can sue you, but if you show in the civil suit Your use of force was legally justified, you cannot be held liable for the perpetrators losses.
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Re: Texas Laws on Civil Liability
Might want to rethink that. The confusion you avert may be your own.warnmar10 wrote: I would further propose that a rule #23 should prohibit use of the Oxford comma too. But that's me.
an example from GRAMMARLY.COM;
As you can see, sometimes it DOES make a difference.Unless you’re writing for a particular publication or drafting an essay for school, whether or not you use the Oxford comma is generally up to you. However, omitting it can sometimes cause some strange misunderstandings.
I love my parents, Lady Gaga and Humpty Dumpty.
Without the Oxford comma, the sentence above could be interpreted as stating that you love your parents, and your parents are Lady Gaga and Humpty Dumpty. Here’s the same sentence with the Oxford comma:
I love my parents, Lady Gaga, and Humpty Dumpty.
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lay brother in the order of St. John Moses Browning
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Re: Texas Laws on Civil Liability
You can be sued by anyone, anywhere, anytime. What happens after that has infinite alternatives.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Re: Texas Laws on Civil Liability
So if I understand the apparent conflict it says you can be sued but if your actions are found to be justified and lawful during the criminal investigation and your lawyer presents that to the court the case should be then immediately dismissed?ScottDLS wrote:My take on it is that 9.06 says your civil remedies are not abolished or impaired. However 83.001 says civil liability for personal injury or death is NOT one of the remedies available, so it doesn't need to be abolished or impaired by 9.06, because it is already precluded.MunchmaQuchi wrote:Can anyone, especially an attorney, please explain what part of Texas law is in effect according to these two statutes. They seem to be in conflict. Thank you.
Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Now I'm standing by for the Texas Bar to accuse me of practicing law without a license for posting my opinion on a Web Forum. They're probably too busy chasing down LegalZoom, Nolo.com, and LTC instructors who teach for compensation.
How much leeway does this leave a judge to allow the case to proceed anyway?
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Without The First and Second Amendments the rest are meaningless.
Re: Texas Laws on Civil Liability
Not an attorney, but this is how I understand & differentiate between the two:TheFriscoKid wrote:Can anyone, especially an attorney, please explain what part of Texas law is in effect according to these two statutes. They seem to be in conflict. Thank you.
Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Section 9.06 is from the PENAL code (Chapter 9 of the Texas Penal Code); it is basically saying that it only provides justification or defenses regarding CRIMINAL prosecution, & for civil matters you should look at the civil code.
Section 83.001 is from the CIVIL code (Civil Practices & Remedies Code). It references Chapter 9 of the Penal Code, and establishes that you are immune from civil liability if your use of force/deadly force was justified under Chapter 9.
Others have already commented on the ability to sue, or attempt to sue, for anything. So yes, someone could attempt to sue you even if your use of force was justified, but 83.001 should render it a moot point.
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Re: Texas Laws on Civil Liability
It ALWAYS makes a difference for CDO guys like me. (CDO? It's just like OCD, but in alphabetical order, as it should be.)JustSomeOldGuy wrote:As you can see, sometimes it DOES make a difference.
Can we sue people who don't use the Oxford comma? Maybe, too, those that misuse apostrophes in possessive pronouns.
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Re: Texas Laws on Civil Liability
I am a major proponent of the Oxford comma. While I understand that it is optional, it really makes the meaning of lists much clearer.E10 wrote:It ALWAYS makes a difference for CDO guys like me. (CDO? It's just like OCD, but in alphabetical order, as it should be.)JustSomeOldGuy wrote:As you can see, sometimes it DOES make a difference.
Can we sue people who don't use the Oxford comma? Maybe, too, those that misuse apostrophes in possessive pronouns.
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Re: Texas Laws on Civil Liability
ScottDLS wrote:I am a major proponent of the Oxford comma. While I understand that it is optional, it really makes the meaning of lists much clearer.
I had to go look up "Oxford comma". I've been using it since I was in elementary school. I just didn't know it had a fancy name.
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