2007-09-18 16:12:46 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
as a lot of your answers say (some of them more expertly than others)... anyone can sue anyone for anything. HOWEVER, that doesn't mean that it's actually a cause of action... and if it's not a cause of action, he can't collect anything in his lawsuit and it's completely pointless to sue and waste attorney's fees and time if you're not going to win. The senator suing god is making a point about frivolous lawsuits that you know you're not going to win... he's not actually suing about it... there's a difference between filing a claim and actually having a lawsuit... when people say anyone can sue about anything, they mean anyone can file a complaint against anyone for anything... that doesn't mean that it's going to develop into a lawsuit that takes place in the court system.
To address your question...
if he was injured by an unsafe thing on your property, and you left that thing there willfully, recklessly, wantonly, or intentionally, then yes he could prevail on that claim.
But shoes are not an issue falling under premises liability. shoes would be different. the issue there would be reasonableness. If it's not reasonably foreseeable to you that someone is going to put on your shoes and hurt themselves, then he can't prevail on his claim. if for some reason it was reasonably foreseeable, then he might be able to make a claim. you owe a general duty of reasonable care to everyone in everything that you do. you're not allowed to violate that. it would be odd, though, to say that your tying your laces together would violate reasonable care.
Can he file a claim? of course. Will anything come of it? NO!
2007-09-18 16:55:26 · answer #1 · answered by kmnmiamisax 7 · 0⤊ 0⤋
Believe it or not, he can sue. Whether he is awarded damages is another story, but he has a chance in the right court.
We had a fellow start up his van, and run over and injure a guy he couldn't see on the far side of the van. The guy he couldn't see was trying to steal his wheels, and didn't have the sense to jump back when the van started. He sued for his injuries, and actually won.
Stupid decisions happen in law all the time. We had an old man bash a guy in the head with his cane. the cops arrested and charged the old man, despite the fact the guy he hit was a home invader coming through the window!
2007-09-18 23:21:26 · answer #2 · answered by Fred C 7 · 1⤊ 0⤋
Yes, you would be responsible for his medical care including hospital bills if you don't have homeowners insurance. Of course, if you live in Missouri you can shoot him if he is inside your house as a burglar. That might be a better solutiion so you can just call the coroner. Then call Merry Maids to clean up the mess.
2007-09-18 23:19:30 · answer #3 · answered by Robert J 6 · 3⤊ 0⤋
Anyone can sue for anything,whether they win or not is up to the judge,I prefer Texas Law.The right to use deadly force to keep them from fleeing with your property
2007-09-18 23:23:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
UH in this day and age probably.
Everybody sue for pretty much anything you could probably sue me for answer this question.
2007-09-19 00:10:39 · answer #5 · answered by officer Yoshimi 6 · 1⤊ 0⤋
I'd say he one dumb burgler. And you could sue him back for stealing your shoes and be awarded damages. You know counter sue. So tell him to bring it.LOL
2007-09-19 21:25:52 · answer #6 · answered by I am mizz chilly 5 · 0⤊ 0⤋
I think the first question would be how would he put them on his feet without either untying them or realizing they were tied together?
2007-09-18 23:22:04 · answer #7 · answered by Kay3535 4 · 2⤊ 0⤋
he can sue you, but he would probably lose. how is he going to explain to the judge as to why he had YOUR shoes in the first place, the judge would probably laugh in his face then charge him for stealing.
2007-09-18 23:21:51 · answer #8 · answered by a.pasceri 1 · 0⤊ 2⤋
Probably....everyone sues for some reason.....lol
2007-09-18 23:20:34 · answer #9 · answered by ♥ Mel 7 · 1⤊ 1⤋
Yes. However, if you're in Florida, Utah, Alabama or Texas, you can use the Stand-your-ground law and shoot him while he's down!
2007-09-18 23:18:54 · answer #10 · answered by Anonymous · 2⤊ 2⤋