Let's say it was something like one of those old bear traps- this guy breaks into your house with the intention of stealing everything, and the trap you set breaks his leg.
What would be the consequences? Could the burglar sue you, or is that a legitimate way to defend your home?
2007-05-18 01:08:50 · 37 answers · asked by Buzzard 7 in Politics & Government ➔ Law & Ethics
lol I like this one I know a sparky and I was going to rig my place up cause there's been a spate of burglaries lately I thought let the ******* get zapped but no the law says you defend yourself and you property with reasonable force so both yours and my idea are out the window they could sue and you end up facing the courts
2007-05-21 03:19:22 · answer #1 · answered by D 4 · 1⤊ 0⤋
If you're in England or Wales, the burglar could sue you - most probably successfully - in tort under the Occupiers Liability Act 1984. What is unbelievable to so many people is that this Act places a duty of care upon people who come on to your premises uninvited, which includes trespassers and burglars!
However, that would be the least of your concerns. If you set a bear trap and caught a burglar, you would most likely be criminally liable for S20 - or even S18 OAPA wounding - i.e. Greivous Bodily Harm. If they died as a result of your trap, you could be charged and successfully prosecuted for murder. By analogy, consider the high-profile case of Tony Martin, who shot a burglar in the back, (who had broken onto his premises) and who ultimately ended up serving a custodial sentence for manslaughter.
Really really really would not recommend doing it, unless you have a penchant for small enclosed spaces and a preference for same-sex living arrangements!
2007-05-18 01:22:10 · answer #2 · answered by . 4 · 2⤊ 0⤋
Yes, the burglar can sue you. And there have been plenty of cases that support this. And no, it's not fair.
Myself, I wouldn't set a booby trap, figuring there's a far greater chance that it would hurt a family member rather than an intruder. But if I were going to, I'd make sure it would be lethal to the intruder. Corpses can't sue.
2007-05-18 01:14:13 · answer #3 · answered by trentrockport 5 · 0⤊ 0⤋
In England you would be having a visit from the police. It is a criminal offence to set a physical trap for a burglar. Yes the burglar could also take a civil action for damages against you. Crazy world isn't it? You may remember, I don't know how old you are, people used to set glass in cement on top of the wall around their house. This was also banned quite a number of years ago to prevent somebody getting hurt in the midst of their nefarious trade.
2007-05-18 01:26:11 · answer #4 · answered by Tony A 6 · 2⤊ 0⤋
Are we talking nails in a board below the window or gun aimed at the door? With the last your not defending your home or life because you aren't there.
Think about this while you are holiday and something catches your house on fire while you are a way. Now you have Fireman coming in your home to save it only to meet booby traps that you had planted.
2007-05-18 01:17:34 · answer #5 · answered by jay_d_skinner 5 · 0⤊ 0⤋
Yes, the burglar could sue you, and you may get into legal trouble as you set something with the intent to harm someone. The law doesn't care if that someone is committing a crime or not. I actually know someone who did something similar to this. He got 30 days in the pokie, had to pay a fine, do community service, and the crook sued and won, though all he got was his medical bills payed.
2007-05-18 01:14:03 · answer #6 · answered by Robert L 4 · 2⤊ 0⤋
I would say good! The laws are so screwed up it allows people that you did not invite into your home a precedent to sue you. If you find unwanted burglars in your home, get a bathtub that is cast iron and use Lye to get rid of the unwanted pest!
A friend of mine found one in his home while they were all asleep. His children were in the room near the door the burglar came in through. Guess what? He shot him and the police took him to jail, even though the burglar had his things outside their apartment! The Law is written for Crooks, Not Law Abidding Citizens! Join NRA, get a weapon and defend yourself and Your property as guaranteed in the 4th Amendment.
OR get a throw away piece, plant it on him, shoot him with your real one and you be the only one left to tell the story!
2007-05-18 01:16:55 · answer #7 · answered by ShadowCat 6 · 0⤊ 0⤋
Interesting. There was a case in Ireland not too long ago involving an old farmer living alone and an intruder who came in late at night and the farmer shot and killed him.
The farmer got off because he was defending himself and his home, and was old and alone. This has set a very interesting precedent with regard to burgulars, and I think that having such a trap in your house is questionable ...
I would do this to defend my home, but whether or not it's legitimate, legal or moral is very contentious. The burgular trespasses in order to steal from you, which is a violation of sorts ... understandable that you'd want to get them before they get you. Hm.
Can't answer your question, I'm afraid.
2007-05-18 02:43:24 · answer #8 · answered by Orla C 7 · 0⤊ 0⤋
Unfortunately, the burglar could sue you and win. (It seems to me that you could then take his sworn testimony from that lawsuit over to the criminal court and get a conviction based on his admission of B & E, but maybe that's just me.)
In most states, you are allowed to use force to defend yourself and others, but not your property alone. In other words, if the burglar entered your home while you and/or your family were home, you would be justified in fearing for their safety and causing an injury to the burglar to prevent him injuring or killing you or your family. But if just your stuff is there, you cannot use force to protect it.
2007-05-22 13:59:46 · answer #9 · answered by julz 7 · 2⤊ 0⤋
I'm sure you would get sued. He would say he was going about the regular routine in his chosen field and you had knowingly laid out dangerous traps( without any warning notices) thus injuring him and he is no longer able to perform his work.I think if it's worded right, the judge thinks he knows what he is talking about( since most of the judges don't) and the judge will rule in his favor.You may even have to support him until he is back on his feet to do it himself. Go, American justice!!
2007-05-25 16:16:27 · answer #10 · answered by Ava 5 · 0⤊ 0⤋
You would be committing a criminal act as it is illegal to set 'man traps'. You would also commit a civil tort and so might be sued by the burglar.
2007-05-18 19:51:08 · answer #11 · answered by Anonymous · 0⤊ 0⤋