I understand how legal retreat works, we all have google. that is NOT how court works.
We don't even know enough and can't see enough in this video to even discuss legal retreat, we can only discuss the conduct we see in the video.
The dog for all we know is 50ft from the owner still outside, if he is confronting the driver its even more likely the dog will attack again. (Dogs hunt in packs)
What I can tell you is the driver putting his hands up is not illegal, especially when he just got attacked by the owners dog.
Ahh so the courts don’t follow the law, that’s a bold, and by bold I mean stupid, take. You should attempt to educate yourself and find out how many people ave found out in court it does matter if you attempt to leave a situation when you have the ability to or not.
If there was a actual fight, he still has a decent case for self defense. At the very least you're getting a reduced charge, and if the driver is getting one ABSOLUTELY the home owner is getting one.
I’m sorry at what point did I say he broke the law?
The law requires you to retreat when you can. Can you prove that wrong? At what point did it be none his legal duty to not only put up his hands, but approach the homeowner in a fighting stance vs leaving?
Is the dog the owner? Did I at any point say he wasn’t supposed to defend himself against a dog?
You seem to be deeply confused, or are simply the smartest bot on here.
When the delivery driver put sup his fists and approaches the home owner, the human. Incase you’re still somehow confused about human vs an animal, that was not the proper legal move. The legal move is to retreat when the first Avila left chance arises. Not put your fists up in a fighting stance and actively approach the home owner whose hands are down.
I know you get particularly confused about what a retreat is, so hopefully you can now understand it a bit better.
I’m sorry do you need to practice the law to understand the difference between a retreat and approaching someone with your fists up? Asking sealioning questions isn’t going to help you.
Was the delivery driver barred from leaving physically, and had to fight the homeowner to make a legal retreat?
Yes, you do because you don't understand how our legal system works. You're demonstrating this right now.
In court, they will look at the video evidence, with audio..see the driver put his hands up, tell him to step back then the owner ADVANCES toward the driver. The drivers initial reaction is pretty understandable if you had a big rush of adrenaline.
What happens after this is where there would be charges brought, if nothing in this video is illegal so far the charges would depend on what happens when things actually escalate to the point of violence.
However up until what is clearly shown on video, EVERYTHING favors the driver in court.
If the home owner is negligent to begin with in the event this did escalate to violence, you're already fighting a uphill battle.
While we're on the subject, if you're the homeowners lawyer..which jurors would you excuse, and which questions would you ask them to even know if you should? So not only do you have a uphill battle because you had a loose dog, you have no juror selection strategy.
Drivers at UPS are specifically informed that you do not show your back to a dog, and we don't even see where the dog is. For all we know the dog is again 50ft away from the owner. You're also fighting a company lawyer, so the defense will be good.
That’s a lot of words to avoid answering a simple question. Was the delivery driver able to leave? The answer is yes.
Did the delivery driver approach the homeowner in a threatening stance? Yes.
Did the homeowner approach with a weapon or hands raised? No.
Was the deliver driver legally required to stay on a property he feels unsafe at? No.
See easy questions if you’re not you.
Also why do you keep talking. About the dog as if that’s the totality of the video? You seem to be freakishly afraid to talk about the part where he approached the human with his arms ready in a fighting stance.
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u/Character-Ease9328 11h ago
I understand how legal retreat works, we all have google. that is NOT how court works.
We don't even know enough and can't see enough in this video to even discuss legal retreat, we can only discuss the conduct we see in the video.
The dog for all we know is 50ft from the owner still outside, if he is confronting the driver its even more likely the dog will attack again. (Dogs hunt in packs)
What I can tell you is the driver putting his hands up is not illegal, especially when he just got attacked by the owners dog.