Lawyers, what laws would be broken if someone stabs a person in their prosthetic limb? Any cases that you've had in this area?

REKLAM
yanit +13 yanıt
report Bildir

Anna-Lena adlı üyenin sorusuna 13 kişi cevap verdi.

Cevaplar
Law student here. I'm sure we'll learn more about this in Criminal Law which I haven't taken, and some answers reference this, but off the cuff I'd say battery, assault (if you're pursuing a civil claim against the stabber) if the person w/ the limb saw it coming (reasonable anticipation). Because it's a limb, it's probably considered part of the person for the purpose of establishing the contact element. In a famous case about this, it was ruled that someone grabbing the plate out of someones hand was an offensive contact with their body. Surely a prosthetic limb would qualify.
Bildir
REKLAM
This is out of curiosity mainly, a friend has asked me this and I didn't know how to answer her
Bildir
Potential attempted murder, or at least destruction of property.
Bildir
I have no informed clue about how it would actually be treated. But I submit that any prosthetic limb should be considered equal to a real limb. At least while the person is wearing it (not sure of proper term).
Bildir
Attempted mutilation?
Bildir
Nice try, murderer.
Bildir
What are you planning OP? This is too specific
Bildir
In Fisher v Carrousel Motor Hotel, Inc, 424 SW2d 627 (1967) the defendant grabbed a tray someone was holding but never actually touched his body. It was a civil case for battery but I imagine the courts would use a similar analysis that something so connected to someone's body is essentially a part of them and offensively touching it invades a legally protected interest.
Bildir
suspiciously specific.
Bildir
We've all seen The Fugitive. No jury in the world would convict you for avenging yourself against that one-armed man who killed your wife, OP.
Bildir

Topluluğa katılmak ister misin?

Paylaşım yapmak ve etkileşime geçmek için giriş yapmalısın.
Kategoriler
Bu içeriği paylaş
Hazırlanıyor...
🏆 En iyiler
Yükleniyor...