QUESTION

Can I sue the military for the death of my son?

Asked on Nov 07th, 2012 on Personal Injury - Colorado
More details to this question:
My son was at a nightclub that was blacklisted by the military base. He got into a fight with the motorcycle gang that includes 80 percent active military. After leaving the club he returned outside to look for his wallet where he was shot in the back by 3 active duty military man using PTSD is a defense. There is also video of them using military tactics to kill my son. The soldiers had just returned from Afghanistan with these mental disorders.
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6 ANSWERS

Ronald A. Steinberg
Probably not, but what I would do is contact your congressman and push for a court martial. Even if you son was at a place he should not have been, that does not justify what happened. That kind of soldier belongs behind bars, and should not have access to weapons.
Answered on Dec 19th, 2012 at 12:14 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No. but you can sue all the participants in the fracas/ the military teach soldier s to kill. That is what they do. When they get liquored up they sometimes kill the wrong folks. They ought to be tried criminally and sued civilly, although there is probably no insurance to cover murder
Answered on Nov 09th, 2012 at 4:44 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Off hand, I cannot think of a theory of liability. However, It is possible a creative attorney could come up with a legal theory for a case.
Answered on Nov 08th, 2012 at 10:16 PM

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Personal Injury Attorney serving Raleigh, NC at Maginnis Howard
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I'm so sorry to hear about your son. While I express no opinion on whether you could sue the US Government, one thing you may consider is whether to pursue an inadequate security claim against the night club. I would recommend contacting a reputable personal injury firm to discuss whether the night club and its insurer would be responsible for what happened to your son.
Answered on Nov 08th, 2012 at 6:00 AM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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In general, active military are immune from suit.
Answered on Nov 08th, 2012 at 5:56 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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No. The individuals who shot your son are responsible, not their employer or former employer. Were they drunk? Were they served alcohol while intoxicated? If that can be proved, there might be a cause of action against the club, depending on what state this happened in.
Answered on Nov 08th, 2012 at 4:47 AM

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