Does the mugger in this scenerio have a case against his victim?
Topic: Case sealed meaning
May 19, 2019 / By Trudy Question:
A man is walking down the street carying a bottle of Draino Max drain cleaner in his hand, a mugger jumps out from behind an alley and tries to attack him, the man opens up the bottle of Drain Cleaner and splashes it on the mugger's face. An act done in self defense.
Later the mugger tries to sue his victim, stating Drain Cleaner is not pepper spray and was never meant to be used for self defense. Does he have good case against his victim?
lets assume the drain cleaner caused serious damage to the mugger's face
Best Answers: Does the mugger in this scenerio have a case against his victim?
Sandie | 2 days ago
Yes I believe he does have a case. It takes some effort to open a can of drain cleaner since it has an inner seal that is difficult to get off. You say he TRIES to attack him, did they make bodily contact? Another question, did the mugger have a weapon? Why didn't the victim run, after all he had enough time to open the can.*
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No I don't think the mugger has a case but that's a pretty clever argument. And it could have an effect on a jury.
Now if the victim lets say found brick on the ground and pommeled the mugger with it? The original intention of making the brick wasn't for self defense but victim was forced to use any resource handy to protect himself. Cases where other objects were used as improvised weapons usually favored the victim's rights over the perpetrator's. And it was like the victim was carrying around the drain cleaner in place of a can of pepper spray.
I think the only way the mugger would have a case would be if he was already subdued and the victim then opened the bottle of drain cleaner and poured it on the mugger. In some states the victim can be healed responsible if they use unreasonable force, like if the mugger failed to rob me and was then running away - in some states I can't shoot him in the back.
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It's unfortunate, but things like this are really happening on a regular basis. He may actually have a legitimate case because of his disfigurement.
I know of a guy who shot a man who was breaking into a vehicle parked in his driveway - in front of his house. Instead of pressing charges against the car thief, they took the gunman (who was defending his property) to jail and convicted him of assault with a deadly weapon and required him to pay medical reparations to the man who attempted to steal his vehicle.
In circumstances like these, I think we can all agree that the law doesn't serve the people for whom it was created.
In the scenario you've prevented, the assailant clearly becomes the victim because the mugging is too circumstantial to actually prove unless there are damages which would prove it ever even actually took place.
Do I think it's right that the mugger becomes the victim in this scenario? No, I don't. I don't actually believe he should be able to claim any sort of loss in a situation where he attempted to harm or deprive someone of their liberty or property.
This is actually a loaded question because you've got the bias already in place calling the assailant a "mugger." Next time, think about using less pointed language and something more general like Plaintiff and Defendant or Guy X and Guy Y. Something like that might get a less biased response.
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The victim has the right to protect himself. The mugger, however, does not have the right to rob innocent people.
The mugger has to assume risks in his intended actions. If the victim had a gun and caused serious bodily injury, the affect would have been the same. Or if the victim used a broken bottle, or a baseball bat, again, the mugger's face would be damaged.
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