If someone accidentally injured by my knife,would I take responsibility?

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LunarShadowWolf

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Dec 6, 2016
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Just got this question.For example if I put my machete vertically near a wall, and a careless dude just passing by and kicked the edge.Let's assumed he was hurt badly(like losing a toe！）Would I take the responsibility and go to jail?; )
 
I'm not an attorney, and I think this is a question for one, but my opinion would be that if it happened on your property in that exact situation, then you would be liable. On that note, if you handed someone one of your knives and they cut themselves with it, then the fault would be on them. I think it is entirely circumstantial.


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Slipperyjesus said:
I'm not an attorney, and I think this is a question for one, but my opinion would be that if it happened on your property in that exact situation, then you would be liable. On that note, if you handed someone one of your knives and they cut themselves with it, then the fault would be on them. I think it is entirely circumstantial.


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Also, you probably wouldn't be looking at jail time either way, but you would be looking at a civil suit. You would more than likely be responsible for damages restitution. IMHO


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LunarShadowWolf said:
Just got this question.For example if I put my machete vertically near a wall, and a careless dude just passing by and kicked the edge.Let's assumed he was hurt badly(like losing a toe！）Would I take the responsibility and go to jail?; )
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If you left it unsheathed where a person could accidentally encounter it there could be negligence. If it was near a trail near an elementary school then it might be criminal negligence.
 
Not really a specific enough question to answer. Location where injury occurred (home, work, other)? Is the careless dude with the missing toe a friend or just some random guy walking by? Was the machete leaned against a wall in an area where someone was likely to walk by, or in a more out-of-the-way location where you wouldn't reasonably expect it to be an issue? I'm not an attorney either, but I agree with Slippery, in most cases I can imagine, you might face some civil consequences, but I don't think you'd be headed to the slammer. In your (hopefully) hypothetical scenario, it's not like you assaulted the guy with the machete, it was an accident.

BBuser said:
If it was near a trail near an elementary school then it might be criminal negligence.
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You posted while I was typing, but I agree. Something like that could possibly be more serious. Again, I'm not an attorney, nor do I play one on TV. :D
 
You also have to consider things like, was the area well lit, was the injured person sober, was there any form of horseplay going on, (in some states) did the person have the right to be there?

If there is anything that could be used by the prosecution or defense as an arguable point, both for and against both parties, it will be brought up.
 
I'm not an attorney, but I stayed in a Holiday Inn Express last night and I say pick up your damn machete!!
 
[emoji23]it is not a seriously question though.But ok let's just say at your home or yard.Which is not public area(Of course is your fault if you put a machete on the street and somebody hurt)is well lit and it is not on the corner,people have a good sight.I didn't said he is drunk or mad so just assumed he has a clear mind.He is friend or not I don't think it matters,just someone who have the right to take you to court


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Lets say a burglar cut himself with your machete in your home. I bet there's a chance you could be found liable these days. Very sad
 
And no nobody kicked my machete and I didn't put it near wall!!!Thank you!



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Or maybe we can make the situation which is harder to judge,what if that machete is lying on the wall of your study room,or even bed room,some friends or someone else(like maintenance workers!).How will it ends?


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As a former insurance agent, I can help you a bit. There would have to be proof beyond reasonable doubt that negligence was involved. If they were borrowing your knife with your permission, they would have no claim. Some as if you loaned them your car and they droved it into a tree and injured themselves.

The grey area is if said knife or other object were left in plain sight where anyone could access it, especially if the knife was open or out of it's sheath. Same as leaving your car running or a loaded and cocked gun on the kitchen table.

People will do whatever it takes to prove some sort of negligence was involved. There was a guy who sued and won against Briggs and Stratton, because he picked up his lawn mower and tried to trim the hedges with it, resulting in the loss of several fingers. He claimed negligence because there was no warning label. Hence the implementation of the safety bar on gas push mowers.

When in doubt, use common sense, as most people don't.



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K.O.D. said:
As a former insurance agent, I can help you a bit. There would have to be proof beyond reasonable doubt that negligence was involved. If they were borrowing your knife with your permission, they would have no claim. Some as if you loaned them your car and they droved it into a tree and injured themselves.

The grey area is if said knife or other object were left in plain sight where anyone could access it, especially if the knife was open or out of it's sheath. Same as leaving your car running or a loaded and cocked gun on the kitchen table.

People will do whatever it takes to prove some sort of negligence was involved. There was a guy who sued and won against Briggs and Stratton, because he picked up his lawn mower and tried to trim the hedges with it, resulting in the loss of several fingers. He claimed negligence because there was no warning label. Hence the implementation of the safety bar on gas push mowers.

When in doubt, use common sense, as most people don't.



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Thank you for you professional information; )


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Sosa said:
Lets say a burglar cut himself with your machete in your home. I bet there's a chance you could be found liable these days. Very sad
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You're exactly right... it is very sad. Just this week I saw in the news where a man shot and killed a burglar with an AR-15, and the father of the burglar wants to sue the homeowner for "pursuing his son in an unfair fight". The father is claiming that the homeowner had an unfair advantage when he picked up an AR. Now that's not to say that I don't have faith in the justice system, it's just sad to see people having to pay court expenses, and sadly maybe even spend time in prison, for defending their home.
 
Assuming you are referring to the incident in Oklahoma, it was the grandfather of one of the criminals who claimed it was an unfair fight. No mention of any fathers in any of the articles I read. Haven't seen any articles stating that the father of one of the POSes was suing anyone. Links?
 
K.O.D. said:
As a former insurance agent, I can help you a bit. There would have to be proof beyond reasonable doubt that negligence was involved. If they were borrowing your knife with your permission, they would have no claim. Some as if you loaned them your car and they droved it into a tree and injured themselves.

The grey area is if said knife or other object were left in plain sight where anyone could access it, especially if the knife was open or out of it's sheath. Same as leaving your car running or a loaded and cocked gun on the kitchen table.

People will do whatever it takes to prove some sort of negligence was involved. There was a guy who sued and won against Briggs and Stratton, because he picked up his lawn mower and tried to trim the hedges with it, resulting in the loss of several fingers. He claimed negligence because there was no warning label. Hence the implementation of the safety bar on gas push mowers.

When in doubt, use common sense, as most people don't.



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By that logic, you could sue the knife company for not warning you of the dangers of leaving a knife accessible to someone.
I agree that it's pretty crazy though. I heard that a man sued a car company because it didn't tell him he has to stay at the steering wheel when using cruise-control. (He was in an RV and went to drink some coffee in the back.)
 
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Some of the stuff posted on this subforum is troublesome. Statements such as a reference to "beyond a reasonable doubt" referring to the standard of proof for a civil case in which the standard is a preponderance of the evidence as opposed to beyond a reasonable doubt which is limited to criminal cases, together with other similar assertions and "opinions" by well-minded posters who have no legal training is something one must consider when relying upon "advice" given here. This is not meant to discourage inquiries by interested posters but please understand this is not a substitute for consulting with an attorney (NOT a law enforcement officer who is not a legal adviser or defense counselor but an enforcer of the law--the officer makes an arrest but the prosecuting authority decides whether or not to prosecute based on the facts of the arrest and a judge or jury will make the decision and NOT the enforcement officer). Of course if you don't want to incur the expense of consulting with an attorney then caveat emptor. Just my two cents but be very, very careful about relying upon a knife forum for legal advice, even though such advice is free.

I could provide analogies for medical, dental or tax advice but hopefully that is not necessary.
 
i could say a bunch from personal experience. i'll save it and just say that, enclosed knife cases are a wise investment.
 
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