The law states that I have the right to defend myself and my property. Yet if a burglar breaks into my house and gets caught (by me) and we scuffle, he gets hurt, I get sued?! Or better still, the burglar breaks into my house, falls or trips on something and gets hurts, he can sue me?! He broke into my domicile, my castle, what the h*ll? How can the law actually protect ME (the victim in both cases) and not victimize me more? Someone please help me understand this!
2007-10-12 09:05:41 · 10 answers · asked by Brewspy 4 in Politics & Government ➔ Law & Ethics
In many jurisdictions, you have a general duty to warn trespassers of an unapparent/hidden danger.
However, if it is not a dangerous condition, i.e. the intruder trips on a throw rug and falls down the stairs, you may be in the clear.
You also have the defense of self defense if an intruder breaks and enters your abode. However, the means of defense shall be scrutinized; you may only use the force necessary to repel or control the intruder; if you use deadly force and it was not warranted, you may have manslaughter chrges filed against you...
2007-10-12 09:12:44 · answer #1 · answered by MenifeeManiac 7 · 1⤊ 1⤋
You might also check to see if there is some law or previous ruling stating that a person cannot profit from an unlawful act. which if the burgler won against you, he would be profiting from breaking into your home. Also, you could respond to his suit by claiming contributory negligence which means he was the proximate cause of his own injuries. If your attorney is half way decent, the burgler won't win in either case.
That is why I'm glad I live in the South, I'm a single mom of 2 small children, there isn't a jury here that would convict me of anything if I defended myself.
2007-10-12 09:17:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
That is what happens when lawyers become politicians and make laws they can drive trucks thru the holes in laws. I had a friend, a doctor, who was at home when someone broke into the house. This person was sitting on the window with one leg in and one leg out, holding a pistol when this friend shot at him.
He hit the guy in the leg, he fell inside the house, police arrested, charged and convicted this guy. BUT, he sued my friend in civil court for pain and suffering and a jury ruled in his favor. Where is the justice. The Sargent who was one of the arresting officers told my friend, its cheaper to kill them then wound them. He was right.
There is nothing to protect you in a situation like that so, dead men tell no tales.
2007-10-12 09:12:56 · answer #3 · answered by bigmikejones 5 · 1⤊ 0⤋
Its a sad sad travesty.
Imagine having a gun and an intruder who wants to do you harm, enters your castle.
Hes a distance away from you, and you shoot him in the dark because youre scared.
Or because you are aware that for that criminal standing 12 feet away can break the distance and get to you, with probability that he might get shot once, and if bigger than you would then take your gun away and use it against you.
And you could get years in prison for that.
The turht of the matter is that some laws are very loophole-ish.
Its up to the citizens to bring this to the attention of their represetnatives and start to fill in these voids.
Im sure if you make your area aware of this....they will mostly agree with the fact that things need to be changed.
Why they arent - is beyond me.
Only shows just how messed up our laws are sometimes.
2007-10-12 09:11:45 · answer #4 · answered by writersbIock2006 5 · 1⤊ 0⤋
There have been some standout cases of burglars recieving damages after being injured in a home they have broken into. This is not the norm and is not the way the law is designed.
2007-10-12 09:11:42 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
If you are in the US, you have the right to defend yourself. If a burglar sues you, make sure you have homeowners' insurance. It includes liability coverage.
You cannot stop a person from suing you for whatever reason. In your case the burglar would not win. He is a tresspasser and you owe him no duty, except you can not intentionally harm him...like rigging booby traps.
2007-10-12 09:11:27 · answer #6 · answered by regerugged 7 · 0⤊ 1⤋
If someone breaks into your house and they are unarmed, I would just tell them to get out. If they are armed and I perceived a threat I would shoot. The most important factor is that YOU are armed. The law is not going to protect you, only YOU can protect you. If you can't feel safe in your home, where can you feel safe ?
2007-10-12 09:15:41 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Depends what state you are in. Texas and Florida you can shot him once he enters your house. New York you have to run from him into your bedroom, if he follows you in, then you are allowed to us force. The more conservative the state is the more you can defend yourself. The more liberal, the more you have to run away and wait for the police to come.
2007-10-12 09:11:31 · answer #8 · answered by Chris 5 · 1⤊ 0⤋
when he trips and hurts himself its your duty as an American, homeowner and potential victim to make sure his accident is fatal.
2007-10-12 09:16:12 · answer #9 · answered by CFB 5 · 1⤊ 0⤋
uhhh noooooooooooo ??
get a lawyer plz.
2007-10-12 09:11:17 · answer #10 · answered by Anonymous · 0⤊ 0⤋