Breaking someone's arm in self defense?

My son who is 15 is trained in martial arts and end up in a situation where he is bullied by another kid. If my son happen to fight back after that kid hit him and end up breaking that kids arms in self defense, would I be sued or liable for that kid's injury eventhough my son just happen to fight back

Breaking someone's arm in self defense?
^ he is right. I asked a DA (District attorney) the question wheter it was better to KO the person or break their arm they said it was better to KO the person and that i may be charged with Excessive force unless it was a more than 1 person then i may have a chance. This is truly up to the judge since your son is a minor im pretty sure your goin to go to court for this. You have a less than 50% chance of winning the case if you KO its 50/50 according to the DA
Reply:your kid did the right thing he should not get in trouble at all
Reply:If there is no proof of your son fighting back in self defense, then I would say yes, you are liable.
Reply:if your son had a witness, no problem. if there were no witness, then it would be his word against theirs.
Reply:Yes, you could be sued whether or not it was self defense. He may not be criminally liable, since it would be self defense, but civilly you could still be sued. For example, O.J. Simpson was acquitted of the murders of Ron and Nicole in criminal court, but he was found guilty in a civil court and has to pay millions to the vicitims' families.
Reply:in martial arts you are trained to use your skills as a lst resort and there r many ways to defend himself without breaking the kids arm i may sound like a nerd but tell him to go to a teacher or be diplomatic about it and tell him to tlk it out wit the dude nof it comes down to the kid trying to hurt yur son he can defend himself but braking da kids arm is a bit mush tht is y there r pressure points he can strike or hold a [pressure point and call a teacher and explain tht it was self defence besides him (painfully but not extremely threatingly) subdueing the child and calling a teacher will look good on his part and yeah kid breaking his arm geting sued for lots is highly likely
Reply:What you need to have your son do is document the bullying actions and absolutely go to the staff about it. You need to make it very clear that you will not accept having your son victimized by these predators. There is very little tolerance for this kind of behavior in this post-Columbine era, so the administration should take this very seriously.


If it continues unabated then when/if you are sued when/if your son defends himself then you will have a "paper trail" that will protect you in a lawsuit.


NOTE: the key is that he is defending himself from imminent bodily harm. NOT that he's retaliating because someone hurt his feelings by calling him names or anything that trivial. Make sure your son understands he is responsible for his actions every bit as much as the "bully".
Reply:The law says you are allowed to use reasonable force to defend yourself. So breaking someones arm may or may not be legal. If you son takes the other kid to the ground and is able to restrain him then he shouldn't need to break his arm.


However if in the process of throwing the kid to the ground, the kid puts his hand out to stop his fall and breaks his arm well that's not intentional.


Same with punching if someone attacs you and you punch them in the face and break their nose that is ok. But if you hit them once and they fall down, back off or pass out then you hit them again, that is called excessive force. And if you break any bones that is bodily harm.


So your son can defend himself but I wouldn't recomend telling him it's ok to break anyones arm. It takes alot of force to do it and he would have to get ahold of the kids arm which would mean he'd have him restrained already.. So it would be a concious decisison to put an arm lock on the kid which again is excessive if he breaks his arm.





Why would you want him to fight anyways. Ya he should be able to defend himself but encouraging him to go and use his martial arts training to break another kids arm. Bully or not is not very responsible. Go ask his sensei what he thinks about that.


Also at 15 he isn't a little kid anymore so the issues could turn into more than just a littl eschool yard bullying. You could set him up for more. Especialy with guns and gangs becoming more and more present in schools. And with his age he is less likely to get away with claiming self defence if he harms someone.





So try teaching him how to be assertive and confident, before you teach him how to fight. Otherwise you will end up with more trouble, everytime he fights someone he doesn't like, because he was told it was ok...
Reply:no your not liable at all.....a lawyer would love to fight this case for you
Reply:wat kinda martial arts? tahts very nice... breaking another person's arm... should hav trained him not to lose his temper... maybe ull get sued... not my problem...