Voluntary Consent Defense in Fatal Gunshot Incident Litigation
Mr. Kaew, Mr. Kor, and Mr. Kit were involved in a dispute and altercation with Mr. Jon, Mr. Jan, and Mr. Jab, who were seated at a table adjacent to them. Both parties engaged in a physical fight and attacked each other, utilizing firearms in the process. They engaged with a group of individuals. The outcome revealed that the bullet fired by Mr. Jon and his associates struck Mr. Kaew, resulting in his death. A second bullet fired by Mr. Jon missed and struck Mr. Rap, who was eating at the same table in the same establishment, causing his death as well. The mother of Mr. Daeng filed a lawsuit against Mr. Jon, Mr. Jan, and Mr. Jab, seeking compensation for the death of Mr. Kaew and Mr. Daeng.
Regarding the facts, it was determined that the trajectory of the bullets fired by Mr. Jon, Mr. Jan, and Mr. Jab is as follows: the court shall determine whether Mr. Jon, Mr. Jan, and Mr. Jab are liable to pay damages to the mother of Mr. Kaew and the mother of Mr. Rap, given that Mr. Kaew, the deceased, and his associates voluntarily engaged in a violent confrontation and utilized firearms in a hostile manner. This constitutes voluntary consent (volenti non fit injuria). Mr. Jon, Mr. Jan, and Mr. Jab are liable to pay damages to the mother of Mr. Kaew. The death of Mr. Daeng as a result of a bullet fired by Mr. Jon and his associates is a direct consequence of the firing by Mr. Jon, Mr. Jan, and Mr. Jab, therefore Mr. Jab is also liable to jointly compensate for damages under the provisions of Civil and Commercial Code Section 432.
Mr. Daeng entered into a lease agreement for a vehicle with Mr. Kao at a price of 400,000.