how does this happen? what would be a case? have u heard of any?
2007-11-28 02:30:03 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
There was a case in NJ where a man broke into someones house through a window and the person who lived there had plants that hung from the ceiling. One of the plants fell and hit him on the head and he died....anyway the family sued the owner of the house!!!!!!! WDH
2007-11-28 03:35:33 · answer #1 · answered by ~$~Ace~$~ 3 · 1⤊ 0⤋
Well, there are a lot of unknown variables in your scenario, but I'll try. The following scenario is based upon facts of a case I'm familiar with in Tarrant County, TX. First of all, is the person really "breaking in", or does he have some legal right to the property? If the person used to live in the house, and is legally married to someone who lives in the house, he can't be charged. Now let's say he's in your house and you start attacking him. He doesn't hit you. The police are called. He tells them what happened. He has marks on him. You get arrested for domestic violence.
Now as for the suing part. Anyone can sue anyone for anything. And yes, there are many cases in which criminals who are complete strangers have sued homeowners, and more importantly their insurance companies. A familiar scenario is when someone breaks in a residence and gets shot and injured, but not killed (dead people do not sue). If the homeowner is not within his rights to shoot (for example he shoots the intruder in the *** while he's running out the door with his TV) he may be sued. They will often get the homeowner to say it was an accidental shooting. This had two benefits: First, it takes criminal responsibility off the homeowner. Second, it clears the way for the home owner's insurance company to pay the damages in the lawsuit since insurance companies will not pay for an intentional shooting.
2007-11-28 10:55:18 · answer #2 · answered by Jack 5 · 0⤊ 0⤋
In some states, if someone breaks into your house and you hit them or shoot them, you can be sued or arrested for assault. The thinking behind this idocy is that no material possessions that the person was going to steal were worth the value of that thiefs life or health. In my state, it used to be the law that you could shoot an intruder, but they had better fall inside the house. If they fell outside, you could be charged. Many a thief, shot coming in a window was probably dragged around to the door and into the house to avoid this technicality.
2007-11-28 10:40:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If they break in and get hurt by something illegal that you have in your house you can be held liable. There was a case where a person rigged a shotgun to automatically shoot intruders. When a man broke in, he got shot and the homeowner went to jail. The burglar also sued him civilly for his injuries and his insurance had to pay.
2007-11-28 10:39:20 · answer #4 · answered by Diane M 7 · 1⤊ 0⤋
I dont know, but i have heard of that happening, especially in really screwed up states, like California....and thankfully, I live in the Midwest!
All i can say is that If that ever happened to me, i wouldn't hesitate to get out that pistol in the nightstand and blast someone...
2007-11-28 10:37:47 · answer #5 · answered by love_life 2 · 0⤊ 0⤋
For what, what is the question? Some intruder killings have gone to court, saying the intruder was unarmed or no threat, but that is pretty weak. If you shoot some one on you property that is a different story, but in your home you have a right to protect your family, life, and property.
2007-11-28 10:36:34 · answer #6 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 1⤋
y I'll give u a scenario. someone breaks in, you murder them unjustifiably. say for example, a loaded spring gun that sets off when they open the door and you're not even home so there is no self defense. then, his family may sue you for wrongful death
2007-11-28 10:38:04 · answer #7 · answered by qb 4 · 1⤊ 0⤋
none quite like that but i have been the victim of domestic violence that was brutal and ongoing for about 4 years i never called on him but strangers who witnessed three different people turned it in and they came took pix then went got him told me they would protect me and the state was taking over then before he got arraigned they or'd him and he came to kill me protect and serve who?
2007-11-28 20:06:59 · answer #8 · answered by consultant? 2 · 0⤊ 0⤋
In Texas if someone is entering your house and you feel your life is in danger you shoot to kill and ask questions later. It is perfectly legal!!
2007-11-28 10:44:45 · answer #9 · answered by My Baby! 7 · 0⤊ 0⤋
not in Florida ... law here is that the homeowner is entitled to "stand his ground", including using deadly force.
2007-11-28 10:36:42 · answer #10 · answered by Spock (rhp) 7 · 0⤊ 0⤋