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The Water Cooler
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‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff
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<blockquote data-quote="Dave70968" data-source="post: 3138260" data-attributes="member: 13624"><p>Yes. You take the plaintiff--or defender--as you find him (it's nicknamed the "eggshell plaintiff rule"). Your infirmities form part of the basis for your state of mind, whether known to your assailant or not. You can look like Hulk Hogan, but suffer from a disease that makes you as frail as his great-grandmother; because <em>you</em> know of your condition, it gives you reason to reasonably fear for your safety. You just need to be prepared to explain that condition, that rational basis, to the relevant parties (including, potentially, a jury). The standard is the <em>reasonable</em> man, not the <em>average</em> man; a reasonable man would certainly consider is own physical condition.</p><p></p><p>That cuts both ways, too: if you <em>are</em> Hulk Hogan, and your assailant is, well, <em>me</em>, then you're going to have a devil of a time convincing anybody that I was a bare-handed threat to you; frankly, he could curb-stomp my fat ass, even if I did get in a sucker punch to start.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3138260, member: 13624"] Yes. You take the plaintiff--or defender--as you find him (it's nicknamed the "eggshell plaintiff rule"). Your infirmities form part of the basis for your state of mind, whether known to your assailant or not. You can look like Hulk Hogan, but suffer from a disease that makes you as frail as his great-grandmother; because [I]you[/I] know of your condition, it gives you reason to reasonably fear for your safety. You just need to be prepared to explain that condition, that rational basis, to the relevant parties (including, potentially, a jury). The standard is the [I]reasonable[/I] man, not the [I]average[/I] man; a reasonable man would certainly consider is own physical condition. That cuts both ways, too: if you [I]are[/I] Hulk Hogan, and your assailant is, well, [I]me[/I], then you're going to have a devil of a time convincing anybody that I was a bare-handed threat to you; frankly, he could curb-stomp my fat ass, even if I did get in a sucker punch to start. [/QUOTE]
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‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff
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