2007-11-11 23:40:53 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Ahh, the internet is a wonderful thing ! So many people who have "seen" these cases. This is an area particularly open to urban mythmaking. I challenge anyone to come up with a link to a published case report (a legal report - not some tabloid rubbish) where a thief has successfully sued the homeowner just because they hurt themselves.
In most jurisdictions there is still a theoretical right for a tresspasser to sue. This is left over from very old situations where big landowners used to use hideous traps to deliberately injure poachers.
For an entrant to sue, they need to show negligence. Ie, was your conduct sufficiently so unreasonable or careless when compared to a reasonable landowner that you should have to compensate an injured person ?
For example, if you live next to a child care center is it reasonable for you to leave a loaded shotgun leaning against the fence ? If a child - (even one who is trespassing on your land - say to get a ball back) - is injured by this is it really so unreasonable that they could sue you ? It would be up to a jury to look at your conduct, decide what is reasonable and then reach a conclusion.
However, if some grub falls through a skylight whilst breaking in how is the homeowner negligent ? The homeowner is therefore not liable in these circumstances.
2007-11-12 00:51:21 · answer #1 · answered by djb3500 4 · 2⤊ 0⤋
There was a case a while back about something like this. A thief broke into a family home while the family was on vacation. He exited the house through the garage and didn't have the electric door opener and the door back into the house was locked. He sat in the garage for a week eating nothing but dry dog food and pepsi. He sued the home owner for an extremely high amount of money. He was awarded the money. Unfortunately this just shows how juries and judges quit using common sense. Next time just shoot him.
2007-11-12 00:03:29 · answer #2 · answered by rebelarmyaccomplice 2 · 2⤊ 1⤋
This reminds me of a case I heard of about 30 years ago where a man was admittedly breaking into a business at night to rob it,
he fell through a skylight and broke his back, he sued and, in what really made me start realizing there was something seriously wrong with the system, won the case and was awarded a considerable sum of money, something like a million dollars. This was the first among a string of cases I've heard about over the years that really makes me mad and makes me wish I could do something about it.
2007-11-12 00:07:17 · answer #3 · answered by booboo 7 · 1⤊ 0⤋
Anybody can sue anybody. You aren't liable so long as you weren't doing something dangerous like booby-trapping things, but you are going to need to go to court to present your own case, and I think a copy of a police report will go a long way toward convincing a judge how this case turns out.
2007-11-11 23:46:00 · answer #4 · answered by Anonymous · 1⤊ 0⤋
First of all you are speaking about a victim of society, there is no such thing as a thief, why should you have more then anyone else?
You should also make sure the place where you reside is not a danger to anyone and excess-able to everyone on an equal basis.
Have you installed ramps and over sized doorways to allow easier access for disabled victims of society? If not you might be in violation of the ADA (Americans with Disabilities Act) in which case the victim, who gets wrongfully injured, is entitled to governmental assistance in suing you for you uncaring gross negligence.
Have you forgotten, you are your brother's keeper.
Just kidding, unfortunately there are people who truly believe the drivel that I just posted.
2007-11-12 00:11:02 · answer #5 · answered by Anonymous · 6⤊ 3⤋
well i have seen cases like that,where the victim was sued. but let me tell you if someone breaks in my house all i can say is give your heart to god because your but is mine.theres no way that's right morally.i would just get sued because he is going to get hurt.
2007-11-12 00:17:36 · answer #6 · answered by git r done 4 · 0⤊ 0⤋
The following link is to snopes.com which is a website that investigates urban legends to see if they are true or not. This page deals with exactly what is being discussed here. Note #3 especially.
http://www.snopes.com/legal/lawsuits.asp
2007-11-12 06:01:41 · answer #7 · answered by Scott B 4 · 0⤊ 0⤋
I have heard of two cases in which the owner was sued for it. Its a weird world of fucks out there. Migth as well shoot them dead in your property..that'll save on some hassle.
2007-11-12 01:51:21 · answer #8 · answered by Anonymous · 1⤊ 1⤋
It's happened before ! It would depend on your local laws though.
2007-11-11 23:44:00 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Knock him out with a heavy enough weapon I can carry, tie him up, and then call the cops while I get my gun in case he wakes up
2016-03-14 10:33:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋