12-716
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12-716. Injury during criminal acts; civil actions; presumptions; definitions A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing or fleeing after having committed or attempted to commit a felony criminal act or if a person intentionally or knowingly caused temporary but substantial disfigurement or temporary but substantial impairment of any body organ or part or a fracture of any body part of another person, the following presumptions apply to any civil liability action or claim: 1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force or a police tool product to either: (a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force. (b) Effect an arrest or prevent or assist in preventing a plaintiff's escape. 2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either: (a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force. (b) Effect an arrest or prevent or assist in preventing a plaintiff's escape. 3. The police tool product that caused the physical harm and any accompanying warning or instruction are presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if, before the sale by the manufacturer, the product either: (a) Conforms with the generally recognized state of the art applicable to the safety and warnings of the product at the time the product was designed, manufactured, packaged and labeled. (b) Complies with any applicable code, standard, regulation or specification that is established, adopted, promulgated or approved by the United States or this state or any agency of the United States or this state. B. If a party files a motion to dismiss or a motion for summary judgment pursuant to this section and the court grants the motion, the court shall award the moving party costs and attorney fees. C. For the purposes of this section: 1. "Costs" means all costs that are reasonably incurred in connection with the motion, including filing fees, record preparation and document copying fees, time away from employment, expert witness fees, travel expenses and any other costs that the court deems appropriate. 2. "Plaintiff" includes the heir or estate of a deceased person who was attempting to commit, committing or fleeing after having committed or attempting to commit a felony or misdemeanor criminal act or was under the influence of an intoxicating liquor or a drug. 3. "Police tool product" means any weapon, safety equipment or product that is used by law enforcement. |