Charles L. Cotton wrote:If you can't find justification for your action in Chp. 9, then Tex. Civ. Prac. & Rem. Code §83.001 does not apply. Thus, any injured or killed innocent 3rd parties can still sue. It doesn't mean they will win, but they can sue. Whether they prevail will be determined by whether or not your conduct was "negligent." Note, this is a lower standard than the "reckless" standard in the Penal Code.
I can't think of much off the top of my head that might work, but what about, say, 9.22 justifying a shot that isn't clearly negligent, but very necessary? (risky "hostage shot," where the hostage is hit unintentionally, etc.)