Legitimate Defense Liability Situation
An unjustified attack must be solely human-caused. It must pose a serious and imminent danger.
Legitimate defense cannot be invoked against legitimate defense. The perpetrator must not have knowingly caused the danger.
The perpetrator’s liability for damages is eliminated. Serious and imminent danger may arise from human actions, animal attacks, or natural events.
If the perpetrator causes an unjustified attack, they may avail themselves of legitimate defense. The perpetrator should not be obligated to confront the danger (police cannot abandon the rally site and flee).
The unjust attack must continue. A person facing serious and certain danger cannot be punished for damage caused to a third person or property.
What happens must be an unjust attack that has occurred or is recurring. A person facing serious and certain danger may avail themselves of this right to protect themselves or a third person.
There must be a proportion between the attack and the damage in the defense. There must be a proportion between the serious and absolute danger and the damage caused to another person’s rights.
For an act to be considered wrongful, the perpetrator does not need to be guilty or punishable. The right being protected must be equal to or superior to the right being sacrificed.
Unjustified attack may be commission or omission; therefore, legitimate defense is possible against attacks of omission and commission. The perpetrator’s liability for damages remains reserved.
For the perpetrator to be able to avail themselves of legitimate defense, the unjustified act does not need to constitute a crime.