FLORIDA FIREARMS – Law, Use & Ownership

Is there civil liability in Florida for injuring a bystander during lawful Stand Your Ground?
copyright by Jon H. Gutmacher, Esq.

In Florida, Stand Your Ground, and other self defense situations have come under intense scrutiny, especially in recent months. However, one aspect of self defense law often overlooked concerns whether there is criminal and civil liability for injury to an innocent bystander. While many gun owners may think they are protected both civilly and criminally – a closer look at the law is needed.

First, when an individual is using lawful self defense in Florida, the shooting of a bystander, is not a criminal offense. Nelson v. State, 853 So. 2d 563 (Fla. 4DCA 2003). Likewise, the use of lawful self defense entitles a person to both civil and criminal immunity as pertains to the person against whom force was used or threatened, or those claiming through them. F.S. 776.032(1); and see F.S. 776.085(1). But, a closer examination of the immunity section, 776.032, makes it very clear that the immunity is only against “the person against whom the force was used or threatened” – not bystanders. So, what about civil liability if you unintentionally injure a bystander?

Well, in Cleveland v. City of Miami, 263 So. 2d 573 (Fla. 1972), we found that even police could be held liable for negligent shooting of bystander in appropriate circumstances, and the inference seems to be clear that civil liability for injury to an innocent bystander will depend on the general laws of negligence. In other words, it will all depend upon the specific facts of the case – whether there will be civil liability or not. And because of that – and because the damages to a shooting victim and their family may run into the millions – you’d better have a great insurance policy, or think real carefully before you pull that trigger.  Plus,  what a lot of folks don’t think about is proportional liability in negligence cases.  In other words — you did just about everything right — you had a clear shot — it was critical you took the shot — but a bystander was still hurt.  The injured bystander has an attorney who sues anyway — and a jury comes back with a verdict you were 3% liable — (ie:  3% negligent).  But, figure a 4 million dollar finding as the amount of damages suffered — and now you owe 3% of that.   Not a great place to be — is it?

I’m not saying this will ever happen — I’m just saying “it could happen”.  And, of course,  the perp and his family that deserved to get shot — they will be barred from recovery once the facts are established that you had a lawful right of using deadly force.  But,  you need to know the  legalistics involved in order to survive this stuff — and again — a self defense insurance plan with CCW Safe or maybe USCCA — is critical.

A bullet has no mind of its own. Once discharged it will travel until it runs into something or someone it cannot fully penetrate, or runs out of kinetic energy and falls to the ground.