When is a defendant liable for harm caused to a bystander during self-defense?

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A defendant may be held liable for harm caused to a bystander during self-defense if the defendant does not have a reasonable belief of imminent harm. This principle is rooted in the law of self-defense, which holds that an individual is justified in using reasonable force to protect themselves from an impending threat. If a defendant lacks a reasonable belief that they are facing immediate danger, then their claim of self-defense fails, and any harm inflicted upon a bystander as a result can lead to liability.

The rationale here is that self-defense is only justifiable when there is a true and reasonable belief of imminent peril. If that belief is absent, the defendant’s actions may be considered unlawful, and they may be fully responsible for any resulting injuries to bystanders, irrespective of the context in which the defense was invoked. Thus, in cases where the belief of imminent harm is unreasonable, broad protections typically afforded to defendants engaging in self-defense do not apply, potentially leading to liability for any harm caused.

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