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Nevada Carry Blog
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Can You Be Sued if You Shoot Someone in Self-Defense (in Nevada)?

10/11/2020

 
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Yes, you can be sued if you shoot someone in self-defense. Anyone can file a lawsuit for anything. This is Nevada; the personal injury attorneys here will take anything they can get. The questions is, under what circumstances will that suit be dismissed? 
NRS 41.095  Presumption that person using deadly force against intruder in person’s residence, transient lodging or motor vehicle has reasonable fear of death or bodily injury; person who uses deadly force is immune from civil liability under certain circumstances; definitions.
      1.  For the purposes of NRS 41.085 and 41.130, any person who uses:
      (a) While lawfully in his or her residence, in transient lodging or in a motor vehicle that is not his or her residence, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or herself or another person lawfully in the residence, transient lodging or motor vehicle if the force is used against a person who is committing burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon and the person using the force knew or had reason to believe that burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.
      (b) Force which is intended or likely to cause death or bodily injury is immune from civil liability in an action to recover damages for personal injuries to or the wrongful death of a person against whom such force was used if the use of such force was justified under the applicable provisions of chapter 200 of NRS relating to the use of such force.
      2.  As used in this section:
      (a) “Deadly weapon” has the meaning ascribed to it in NRS 193.165.
      (b) “Motor vehicle” means every vehicle which is self-propelled.
      (c) “Residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.
Originally, part (a) covered only your home, so a burglar couldn't sue you for being shot while breaking into your home.

In 2015, this was amended to cover your vehicle and any justifiable use of deadly force in self-defense. 

​In order to maintain a lawsuit, the plaintiff would have to convince a judge that it really wasn't a case of self-defense. While it is not likely unless the situation is sketchy or you have deep pockets, you still don't want to risk defending a suit like this on your own. But don't take chances, get self-defense legal protection.

​Self-Defense Legal Protection

When the police have you in the interrogation room, who will you call? You do know not to talk to the police, right?

USCCA provides legal protection beginning at just $22 a month. At the basic level, you will receive $500,000 in civil liability protection, up to $100,000 for a legal defense and bail, and a 24/7 critical response team in case you are involved in a defensive gun use. Members even have access to a grant fund in the event they are improperly targeted by red flag laws, gun confiscation, or their CCW permit is revoked improperly.

On top of this, you get access to premium training materials.

Why join USCCA instead of somewhere else? If your legal and financial well-being isn't enough, one reason is doing so helps Nevada Carry.
join uscca

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