I've heard a couple of different stories about people getting hurt on someone's property while they were in the progress of robbing them (or something a long the lines of that) , then going on to sue them and winning. Does this really happen and what were the judges smoking when they let that happen? And have you heard of stories like this?
2007-09-02 10:37:07 · 25 answers · asked by Das ist mein fluch 5 in Politics & Government ➔ Law & Ethics
One guy fell off the roof and broke his back and they had to pay all his medical bills, and a guy tripping on someone's lawnmower and breaking his leg.
2007-09-02 10:42:34 · update #1
Yes, and it happens often enough to be a concern. It depends on the state that you live in, but yes indeed it does happen. All states have rules about defending your property. A few of those, very few, will allow you to use deadly force. Most actually require you to retreat from your property in a robbery if at all possible. This is where people get sued. Basically, if you in one of those states and you shoot a robber in your house, you will be civilly liable (and possibly criminally liable) if you shot the robber while you had a safe way to get out of the house, or survive without shooting.
2007-09-02 10:45:39 · answer #1 · answered by cyanne2ak 7 · 2⤊ 0⤋
Several years ago, I worked for a company which had relocated from Oregon. Many of the employees' friends lived in California. One of them actually had a friend who came home to find his house ransacked and all his valuable jewelry, silver, cash, etc. missing. Further inspection led him outside where he had drained his pool for the winter, and there at the bottom of the empty pool, lay the burglar with bags scattered all around. Of course, the burglar was broken up pretty bad from the fall into the pool, and all the bags around him contained the homeowner's posessions. So, the police arrested him for burglary and he was found guilty. But while in jail on that charge, he sued the homeowner for not having the proper safety cover and fence around the pool, and he won! The homeowner got his posessions back but had to pay for all the medical bills, punitive damages for negligence, and the improvements to make his pool area safe!!
All because some moron who decided to break the law didn't have enough good sense to keep from getting hurt during the comission of a felony!!!
2007-09-02 10:52:13 · answer #2 · answered by Goyo 6 · 1⤊ 0⤋
Yes, I remember a guy that was robbing someone's home and the owner shot him. The owner was sued and had to pay the medical bills.
The only thing I can figure is that this saves the state from having to pay the medical bills. If the thief would have gotten away with your stuff, you would be out of luck but if he gets hurt while trying to rob you, he becomes your responsibility. That is very sick and twisted.
2007-09-02 10:56:44 · answer #3 · answered by BekindtoAnimals22 7 · 2⤊ 0⤋
This happened about 15 years ago in England. A elderly farmer was sleeping in his bed, when two 15 years old broke into his house, and robbed him. He came down with his shot gun and shot of of the boys dead. The second boy got away.
The mother of the dead boy was saying how sweet her son was, turned out he had a list as long as your arm with serious convictions over the last several years!!
The farmer got sent down, for killing the boy even though they were on his property robbing him blind, and he was elderly!
So much for protecting your own land/home
2007-09-02 11:35:02 · answer #4 · answered by Mama~peapod 6 · 0⤊ 0⤋
Unfortunately, yes. There are two ways to sue you
* If the house is unsafe, for example faulty electrical work where they get electrocuted
* If you assault them and use unnecessary and excessive force (and brag about it). Like you somehow temporarily incapacitated them and then keep on beating them
I don't have any sympathy for robbers, but I think that's what they can do to you, i.e. sue you in addition to robbing you.
Their chances of winning? Smaller than non-robbers but they can still win.
2007-09-02 10:55:08 · answer #5 · answered by Stamatios D 5 · 0⤊ 0⤋
yes it can happen, but
in the cases thats have happened around here, the robber can sue & win, if the owner of the house or business set a trap that hurt or killed them. there was a case with a gun with a string on the trigger, and another where the shop owner eletrified a gate in a ceiling that had been broken into before.
2007-09-02 10:54:34 · answer #6 · answered by paul 2 · 0⤊ 0⤋
Well, I can tell you that the one who says "shoot and kill" is only screwing with you. In Ohio, you can't use any potentially lethal force in the defense of property -- you have to be able to substantiate a claim that your life was in imminent risk, before you can kill another person.
I, however, am not opposition to using b.b. guns to maim the person, and disable them, then hog-tying them, duct-taping their mouth shut, putting a pillow-case over their head, and calling the police.
There ARE cases where somebody has been injured in the commission of a crime, and was compensated for that injury . . . but, for that to happen, you have to owe the person a duty (like . . . to ensure that people entering your house are not subject to bodily harm) and breach that duty (let him fall from the ceiling onto a knife).
2007-09-02 13:31:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I've heard a few stories like this, but I think the thing to remember is that the rules are different depending on what state you live in. Some states are more open about defending one's self and one's property than others.
2007-09-02 10:40:52 · answer #8 · answered by Anonymous · 1⤊ 1⤋
I really can't say. The only time I have ever heard of this was when I watched the movie Liar Lair with Jim Carrey.
2007-09-02 10:41:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I agree that it's very stupid to be able to sue a homeowner if you got hurt while trespassing their property! It sounds absurd to me! Our legal system allows for some wacky, crazy stuff to transpire!
2016-04-03 00:04:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋