Millions of visitors come to Florida yearly, and popular tourist areas see their populations boom during the vacation season. However, high-traffic areas often lead to an increase in altercations and carry, leading many Floridians to carry pepper spray as a legal and accessible means of self-defense. While Florida law permits its use, there are strict regulations governing its possession and deployment. If you’ve been injured due to someone’s deployment of pepper spray, you might have the ability to fight for compensation for your injuries.
When Can You Use Pepper Spray in Florida?
Florida classifies pepper spray as a “self-defense chemical spray.” State statutes permit individuals to carry and use it for defensive purposes without requiring a concealed weapon license. And while it is legal for self-defense, improper use can lead to criminal and civil liability. Key restrictions include:
Offensive Use: Deploying in a non-defensive situation can result in charges of assault or battery. Even in self-defense situations, excessive use could lead to charges and lawsuits.
Use Against Law Enforcement: Spraying police officers without justification is a felony offense.
Possession Limitations: Florida law restricts canisters to 2 ounces or less.
Private Property Rules: Businesses and government buildings may enforce their own bans on carrying defensive spray. Many schools, courthouses, airports, and stadiums prohibit self-defense sprays entirely.
Violating these usage restrictions might lead to both criminal and civil issues. Or, if someone used pepper spray against you, these restrictions might help win your case and get you the compensation you need.
Personal Injury Cases and Legal Implications
While pepper spray is a widely accepted self-defense tool, misusing it is not a good idea. If you have been on the receiving end of this particular substance, it’s important to know the rules to know if you have a valid case. Individuals who have been sprayed unjustifiably may pursue compensation, particularly after assault or battery.
It’s not particularly hard to obtain pepper spray. Unlike firearms, it does not introduce as much risk of serious injury or deadly force. However, sudden, overzealous use of pepper spray is still enough to seriously injure someone, putting them in the hospital or off the workforce for weeks or months. You should always talk to personal injury attorneys in the aftermath of an altercation where someone pepper sprayed you.
Personal injury attorneys at Probinsky & Cole can assist you in determining whether the pepper spray used against you was legal or not. Assuming you were not actively threatening or attacking someone, you might have a strong case. But regardless, you must still prove that the other person is liable for your injuries. Legal liability in a pepper spray injury case depends on several key factors:
Intent: The likelihood of civil liability increases if the user deploys the spray deliberately and without justification.
Proportionality: Florida law considers whether using pepper spray was a reasonable and proportionate response to the perceived threat if one existed.
Location and Context: The circumstances of the incident, including whether the altercation occurred in a public or private space, can affect liability.
Damages: To receive compensation, you must suffer an injury with actual damages you can recover, such as medical bills or lost wages.
If you have been injured due to another person’s misuse of pepper spray, Probinsky & Cole is here to help. Even if you aren’t sure how strong your case is, our experienced attorneys can review your situation during a free consultation. Contact Probinsky & Cole today to schedule your consultation and get started.
