The use of pepper spray at close range can cause severe injuries, and excessive amounts can result in death. Therefore, pepper spray could be considered a dangerous weapon. If you were injured by pepper spray due to the reckless actions of another, you should consult a knowledgeable personal injury attorney. You may be entitled to compensation for damages such as medical bills as well as pain and suffering.
A Columbia pepper spray lawyer at the A.W. Smith Law Firm, P.C. could review the circumstances of your case and explain your legal options for recovery. It is wise to avoid delay in order to obtain the best available evidence to support your claim.
Since pepper spray could be considered a weapon, discharging it in a situation other than when necessary for self-defense can leave the user open to criminal charges as well as civil liability. A knowledgeable Columbia pepper spray lawyer could assess the circumstances of a case compared with situations where those injured from the unwarranted use of pepper spray have received compensation through a settlement or in a court action.
Law enforcement personnel, including campus police, have used pepper spray and similar agents to disable individuals and to subdue or disperse groups. Use of pepper spray can be considered excessive force in many situations. Therefore, depending on the circumstances, if police cause injuries through the use of pepper spray, they could be held liable, and the government may be required to pay damages.
Both police and private individuals may face liability when they use excessive force against someone. What is considered excessive will vary depending on the specific circumstances. In many situations, the amount of force that can legally be used against someone is no more than that which is necessary to provide defense against a credible threat to physical safety. For instance, if a driver was stopped for failing to signal a turn and police spray mace or pepper spray at the driver for no apparent reason, that could be considered excessive.
A skilled Columbia pepper spray lawyer could review the facts to determine whether the use of the weapon could be treated as excessive.
It is wise to consult a Columbia pepper spray lawyer as soon as possible after suffering an injury caused by pepper spray or other unnecessary force. To support a claim for damages, it will be necessary to produce evidence regarding the use of pepper spray. The best time to collect evidence is right after the event. Video footage showing the spray incident could be erased unless prompt action is taken to preserve it. Witnesses can be more difficult to locate as time passes.
A seasoned attorney at the A.W. Smith Law Firm could begin working right away to collect and preserve valuable evidence. Also, an attorney could advocate on behalf of the injured individual and provide advice to prevent missteps, which could jeopardize their financial recovery.
A pepper spray incident could cause an individual significant pain. The party responsible may held liable in court. Those who have been injured due to the negligent actions of another may be eligible to recover compensation for damages such as emotional trauma as well as pain and suffering. Additionally, you could receive damages to cover the cost of medical bills, future healthcare needs, and lost wages.
People can cause serious harm with the indiscriminate use of pepper spray, and when they do, they should be held accountable. Let a Columbia pepper spray lawyer help you recover the compensation you need to move forward. We are ready to help your case. Call today to schedule a free consultation.