Could a "would be burglar" sue you if he got hurt.

[dcOne 2]

We have a doggy door...and until we put a deadbolt in, there was talk in our household that someone could simply reach up and through the dog door, and unlock the door, then walk in.

 

What if you set up a guillotine-type thing, where if you reached in through the dog door, the burglar's arm would be sliced off?

 

To avoid the question about the dog, etc, lets say it was set up so it wouldn't go off when the dog went through.

 

So...the burglar loses his arm. Would he win in court?

[Strike 6,023]

I think it depends on the state. I do know, in Colorado, they passed a law that basically said that if a burglar broke in it was at his own risk and if you shot and killed him you couldn't be held liable. This was in response to homeowners getting sued in other states when a burglar broke in and you shot him but he only had a knife or no weapon. Some states say that's excessive force. Colorado wanted it to be clear that they weren't going to prosecute people for protecting their family. In some states I think you'd be in trouble with the contraption you're describing, being a predesigned device to cut off arms and all. Even here in Co, you might have a tougher time than someone who defends their family with a gun. The law might have a problem with something that is going to do bodily harm whether anyone is in danger or not. If you weren't home the law might not be so kind to a violent end to a criminal. I have no problem with it but I could see law enforcement having a problem with it.

[GettnHuge 2]

if would be burglar were still alive mayhaps

[frank 2,347]

I pretty sure you would go to jail. I remember something about it being illegal to set up "man traps". The example I remember waas setting up a shotgun to blow away someone opening the door.

 

 

In Texas, you would get a medal.

[spottedowl 1]

I think it depends on the state. I do know, in Colorado, they passed a law that basically said that if a burglar broke in it was at his own risk and if you shot and killed him you couldn't be held liable. This was in response to homeowners getting sued in other states when a burglar broke in and you shot him but he only had a knife or no weapon. Some states say that's excessive force. Colorado wanted it to be clear that they weren't going to prosecute people for protecting their family. In some states I think you'd be in trouble with the contraption you're describing, being a predesigned device to cut off arms and all. Even here in Co, you might have a tougher time than someone who defends their family with a gun. The law might have a problem with something that is going to do bodily harm whether anyone is in danger or not. If you weren't home the law might not be so kind to a violent end to a criminal. I have no problem with it but I could see law enforcement having a problem with it.

 

What if a person had a really, really, really mean pit bull in the house? Or killer bees? Would the owner be liable while away? I think not. What if your pet bear got loose in the house and you set up steel traps to catch it, then a burglar happens to break in and step on the trap severing his foot. Would the home owner be liable? I think not.

[frank 2,347]

What if a person had a really, really, really mean pit bull in the house? Or killer bees? Would the owner be liable while away? I think not. What if your pet bear got loose in the house and you set up steel traps to catch it, then a burglar happens to break in and step on the trap severing his foot. Would the home owner be liable? I think not.

 

I think so.

[spottedowl 1]

I think so.

 

What if a person posted warning signs warning of imminent maiming, biting, or stinging?

[frank 2,347]

What if a person posted warning signs warning of imminent maiming, biting, or stinging?

 

I don't think it would matter. If someone gets hurt on your property, you are probably in trouble, especially if you intentionally created a dangerous situation.

[football_scooter 0]

mean dog in the house: not liable. Dog did what dogs do and if in the confines of your house, you're in the clear. Dogs are self-determining animals and you will not (in most states) be held accountable for their defending your home.

 

however setting up a guillitine is a bad idea - then you are directly responsible for inflicting injury.

 

2 examples I have of this - one deliberate as yours, the other accidental. Both in California.

 

A. buddy of mine had 2 stereos stolen from his parking garage in a 3 week period. When he installed the 3rd, he placed 4 or 5 razor blades up in where the wiring harness is (where one has to reach back under the dash to disconnect). Sure enough, 3 days later the cops show up at his door - seems the thief was his neighbor's kid, who needed 26 stitches to sew his hand back together after reaching into the nest of razor blades. They sued and my buddy lost.

 

B. neighors of mine in high school went on vacation. Since it smells terrible and takes up the driveway, they decided to coincide their trip with oiling their roof. While away on vacation and after the work was completed, a burgler tried first to jimmy the front door with a crow-bar. Nothing, just damaged the door. Tried same on back - damaged door, couldn't break in. Burglar sees the french doors on the 2nd floor, and a trellis that goes up to the roof. Decides to climb the trellis, scamper over to where the french doors are, drop down to the deck and break in there. Unfortunately for him it was a freshly oiled roof and he slipped, falling 2 stories and breaking both of his legs. He was found 2 days later when the other neighbor heard his cries for help and called the cops. They couldn't charge him with B&E since he never got into the house. He was given a ticket for vandalism for the damage he did to the doors. A few months later he sued their homeowners insurance for a few million dollars. He won, based on the fact that they did not have a sign indicating a "dangerously slippery roof".

 

Welcome to California.

 

But yeah - any booby trap is bad news for you. What you're suggesting with the gillitine is essentially the same as if you put a land mine in your back yard - it's on your property, sure. But....

[teejay booker 0]

mean dog in the house: not liable. Dog did what dogs do and if in the confines of your house, you're in the clear. Dogs are self-determining animals and you will not (in most states) be held accountable for their defending your home.

 

however setting up a guillitine is a bad idea - then you are directly responsible for inflicting injury.

 

2 examples I have of this - one deliberate as yours, the other accidental. Both in California.

 

A. buddy of mine had 2 stereos stolen from his parking garage in a 3 week period. When he installed the 3rd, he placed 4 or 5 razor blades up in where the wiring harness is (where one has to reach back under the dash to disconnect). Sure enough, 3 days later the cops show up at his door - seems the thief was his neighbor's kid, who needed 26 stitches to sew his hand back together after reaching into the nest of razor blades. They sued and my buddy lost.

 

B. neighors of mine in high school went on vacation. Since it smells terrible and takes up the driveway, they decided to coincide their trip with oiling their roof. While away on vacation and after the work was completed, a burgler tried first to jimmy the front door with a crow-bar. Nothing, just damaged the door. Tried same on back - damaged door, couldn't break in. Burglar sees the french doors on the 2nd floor, and a trellis that goes up to the roof. Decides to climb the trellis, scamper over to where the french doors are, drop down to the deck and break in there. Unfortunately for him it was a freshly oiled roof and he slipped, falling 2 stories and breaking both of his legs. He was found 2 days later when the other neighbor heard his cries for help and called the cops. They couldn't charge him with B&E since he never got into the house. He was given a ticket for vandalism for the damage he did to the doors. A few months later he sued their homeowners insurance for a few million dollars. He won, based on the fact that they did not have a sign indicating a "dangerously slippery roof".

 

Welcome to California.

 

But yeah - any booby trap is bad news for you. What you're suggesting with the gillitine is essentially the same as if you put a land mine in your back yard - it's on your property, sure. But....

 

Fvcking yuppie liberals.

[Toro 3]

Boobie traps are illegal.

[kutulu 1,707]

His family might sue me, but he will be leaving feet first.

[TylerRoseFan 16]

I pretty sure you would go to jail. I remember something about it being illegal to set up "man traps". The example I remember waas setting up a shotgun to blow away someone opening the door.

In Texas, you would get a medal.

 

This is the correct answer.

[JT 137]

Boobie traps are illegal.

 

Boobie...

[Voltaire 5,491]

mean dog in the house: not liable. Dog did what dogs do and if in the confines of your house, you're in the clear. Dogs are self-determining animals and you will not (in most states) be held accountable for their defending your home.

 

however setting up a guillitine is a bad idea - then you are directly responsible for inflicting injury.

 

2 examples I have of this - one deliberate as yours, the other accidental. Both in California.

 

A. buddy of mine had 2 stereos stolen from his parking garage in a 3 week period. When he installed the 3rd, he placed 4 or 5 razor blades up in where the wiring harness is (where one has to reach back under the dash to disconnect). Sure enough, 3 days later the cops show up at his door - seems the thief was his neighbor's kid, who needed 26 stitches to sew his hand back together after reaching into the nest of razor blades. They sued and my buddy lost.

 

B. neighors of mine in high school went on vacation. Since it smells terrible and takes up the driveway, they decided to coincide their trip with oiling their roof. While away on vacation and after the work was completed, a burgler tried first to jimmy the front door with a crow-bar. Nothing, just damaged the door. Tried same on back - damaged door, couldn't break in. Burglar sees the french doors on the 2nd floor, and a trellis that goes up to the roof. Decides to climb the trellis, scamper over to where the french doors are, drop down to the deck and break in there. Unfortunately for him it was a freshly oiled roof and he slipped, falling 2 stories and breaking both of his legs. He was found 2 days later when the other neighbor heard his cries for help and called the cops. They couldn't charge him with B&E since he never got into the house. He was given a ticket for vandalism for the damage he did to the doors. A few months later he sued their homeowners insurance for a few million dollars. He won, based on the fact that they did not have a sign indicating a "dangerously slippery roof".

 

Welcome to California.

 

But yeah - any booby trap is bad news for you. What you're suggesting with the gillitine is essentially the same as if you put a land mine in your back yard - it's on your property, sure. But....

 

 

Disgusting stories but I've heard them too. I don't see how f*cked up laws like these come about.

[NewbieJr 541]

I don't think it would matter. If someone gets hurt on your property, you are probably in trouble, especially if you intentionally created a dangerous situation.

What if you required all burglers to sign a waiver saying that they enter at their own risk?

[Chronic Husker 86]

A. buddy of mine had 2 stereos stolen from his parking garage in a 3 week period. When he installed the 3rd, he placed 4 or 5 razor blades up in where the wiring harness is (where one has to reach back under the dash to disconnect). Sure enough, 3 days later the cops show up at his door - seems the thief was his neighbor's kid, who needed 26 stitches to sew his hand back together after reaching into the nest of razor blades.

Awesome.

[Super Cubs 155]

My Grandpa talked to his local sherriff about this. They live in a small Texas town out side of Houston. They had a problem with someone messing with their stuff house, cars, barn, tractor, ect... at night. He wanted to know if he could run a live wire about knee high around his yard and plug it in direct. The sherriffs answer was no. But he could have a regular electric fence to keep stray animals out. But the voltage would have to be regulated not a wire plugged directly in to a socket. The sherriff also recommended that he not shoot anyone unless they were inside his home and he had reason to believe his life was in danger.

 

 

Now my grandpa has a new rule of shoot first, ask questions later, and drag the body in the house.

[davebg 0]

when I was studying criminal justice in college this kind of thing came up. There is case precedent for a burgler breakin gin to a home, slipping on a skateboard/toys, getting hurt and being able to sue. I am not sure if this is still the prevailing precedent, nor whether it applies to all states.

[football_scooter 0]

Awesome.

 

oh, it was great except for the hospital bills and emotional damages he had to pay, not to mention the giant pool of blood that stained the carpet & center console of his '69 GTX. But I guarentee that little focker never stole a stereo again - at least not with his right hand. Almost lost a finger.

[edjr 6,899]

when I was studying criminal justice in college this kind of thing came up. There is case precedent for a burgler breakin gin to a home, slipping on a skateboard/toys, getting hurt and being able to sue. I am not sure if this is still the prevailing precedent, nor whether it applies to all states.

 

 

That's sums up the world we live in perfectly.

 

someone sued for getting burned by McDonalds coffee? where will it ever end?

[GeminiV 0]

That's sums up the world we live in perfectly.

 

someone sued for getting burned by McDonalds coffee? where will it ever end?

 

Conveniently leaving out the fact that McDonald's had received over 700 complaints prior to that lawsuit and served their coffee twenty degrees hotter than their competitors, hot enough to cause third-degree burns.

[Trip McNeely 0]

Conveniently leaving out the fact that McDonald's had received over 700 complaints prior to that lawsuit and served their coffee twenty degrees hotter than their competitors, hot enough to cause third-degree burns.

 

 

So are you saying it IS McDonald's fault or the a-hole that got burned should've know about the extremely hot temps of McDonalds coffee?

[itsbigmoni 1]

So are you saying it IS McDonald's fault or the a-hole that got burned should've know about the extremely hot temps of McDonalds coffee?

 

They served their coffee way too hot. It was 20-30 degrees hotter than what it was suppose to be. It caused 3rd degree burns. Read about the case and not just the headline. In all these "ridiculous" cases, the presiding judge does state why he's allowing the suit to continue or not. I forget what its called, but yea, even the most ridiculous case can have a good reason to continue.

 

Like the people that sued McDonalds for making them fat. The judge said something like, if McDonalds is providing food taht they know to be unhealthy and detrimental to peoples health, maybe they can be liable. That was said after the initial hearings that made it so theres a suit. In the end, they didn't win, but yea, if you read the judges decision, theres usually a reason they allow "stupid" suits to go forward.

[Stumpnov 0]

oh, it was great except for the hospital bills and emotional damages he had to pay, not to mention the giant pool of blood that stained the carpet & center console of his '69 GTX. But I guarentee that little focker never stole a stereo again - at least not with his right hand. Almost lost a finger.

He deserves it for chopping up the dash. Come on! There are plenty of good wireless units that go out of sight and leave the original look.

[Boz/BoFan 0]

mean dog in the house: not liable. Dog did what dogs do and if in the confines of your house, you're in the clear. Dogs are self-determining animals and you will not (in most states) be held accountable for their defending your home.

 

however setting up a guillitine is a bad idea - then you are directly responsible for inflicting injury.

 

2 examples I have of this - one deliberate as yours, the other accidental. Both in California.

 

A. buddy of mine had 2 stereos stolen from his parking garage in a 3 week period. When he installed the 3rd, he placed 4 or 5 razor blades up in where the wiring harness is (where one has to reach back under the dash to disconnect). Sure enough, 3 days later the cops show up at his door - seems the thief was his neighbor's kid, who needed 26 stitches to sew his hand back together after reaching into the nest of razor blades. They sued and my buddy lost.

 

B. neighors of mine in high school went on vacation. Since it smells terrible and takes up the driveway, they decided to coincide their trip with oiling their roof. While away on vacation and after the work was completed, a burgler tried first to jimmy the front door with a crow-bar. Nothing, just damaged the door. Tried same on back - damaged door, couldn't break in. Burglar sees the french doors on the 2nd floor, and a trellis that goes up to the roof. Decides to climb the trellis, scamper over to where the french doors are, drop down to the deck and break in there. Unfortunately for him it was a freshly oiled roof and he slipped, falling 2 stories and breaking both of his legs. He was found 2 days later when the other neighbor heard his cries for help and called the cops. They couldn't charge him with B&E since he never got into the house. He was given a ticket for vandalism for the damage he did to the doors. A few months later he sued their homeowners insurance for a few million dollars. He won, based on the fact that they did not have a sign indicating a "dangerously slippery roof".

 

Welcome to California.

 

But yeah - any booby trap is bad news for you. What you're suggesting with the gillitine is essentially the same as if you put a land mine in your back yard - it's on your property, sure. But....

 

Ive heard sh!t like this before. I cannot articulate how insanely furious this makes me. Fukking liberal judges need to be dealt with. How the hell has our country been allowed to go so far in the wrong direction?

 

The McDonalds coffee thing is just as phucking insane. I had it happen to me when I was 10. My aunt was driving me to Break Dancing class ( i kicked azz! ) and she took a turn with a pothole she couldnt see and it spilled all down my leg into my sock and shoe. The sock held the coffee in for like 4 seconds until I ripped it off. It burned like fock but I still made my BD class and moonwalked my azz off. 2 hours later i had a burn bubble on my ankle the size of a tomato, i popped it with a safety pin a puss oozed out everywhere so I went to the hospital. It was a 2nd degree burn and they had to do all kinds of nasty sh!t to it. I lived. I didnt sue. I played soccer 3 days later. This country has become a phucking joke.

[football_scooter 0]

He deserves it for chopping up the dash. Come on! There are plenty of good wireless units that go out of sight and leave the original look.

easy there tiger...the dash was already chopped when he got it - it was more pro-street than cherry stock. Still sucked to have all that blood on the floor.

[Stumpnov 0]

easy there tiger...the dash was already chopped when he got it - it was more pro-street than cherry stock. Still sucked to have all that blood on the floor.

Eh, pretty sure Legendary will set you up with new for a few hundred bucks which is well worth the severed finger tips on the console.

[Electric Mayhem 35]

The McDonalds coffee thing is just as phucking insane. I had it happen to me when I was 10. My aunt was driving me to Break Dancing class ( i kicked azz! ) and she took a turn with a pothole she couldnt see and it spilled all down my leg into my sock and shoe. The sock held the coffee in for like 4 seconds until I ripped it off. It burned like fock but I still made my BD class and moonwalked my azz off. 2 hours later i had a burn bubble on my ankle the size of a tomato, i popped it with a safety pin a puss oozed out everywhere so I went to the hospital. It was a 2nd degree burn and they had to do all kinds of nasty sh!t to it. I lived. I didnt sue. I played soccer 3 days later. This country has become a phucking joke.

 

Now imagine that coffee 20-30 degrees hotter and spilling on your weenus instead of your foot causing 3rd degree burns and scarring your manhood.

 

And imagine hearing that the McDonlads you went to had been receiving complaints that their coffee was too hot for some time.

[dcOne 2]

What if a person posted warning signs warning of imminent maiming, biting, or stinging?

 

 

Even that shouldn't be necessary. That's BS. If someone busts into my house, and hurts themselves with something in the house that they shouldn't be in, in first place, that's their focking problem.

 

So, in other words, if someone breaks into my house and OD's on Tylenol, or prescriptions, or whatever, I'm possibly at fault?

[Voice_Of_Reason 0]

It's a fact that guillotine owners are 40% more likely to cut off their own arm.....

[dcOne 2]

Ive heard sh!t like this before. I cannot articulate how insanely furious this makes me. Fukking liberal judges need to be dealt with. How the hell has our country been allowed to go so far in the wrong direction?

 

 

 

My feelings exactly. The focking laws are designed to protect the criminals.

 

And the more and more our country gets the idea of "You're supposed to be nice to people", "Mexicans,etc. have rights too" "We need to teach our children to forgive", the further we go in the wrong (liberal) direction.

[davebg 0]

My feelings exactly. The focking laws are designed to protect the criminals.

 

And the more and more our country gets the idea of "You're supposed to be nice to people", "Mexicans,etc. have rights too" "We need to teach our children to forgive", the further we go in the wrong (liberal) direction.

As with all things, it's time for the pendulum to swing the other way.

 

For decades we, as a society, have gotten more liberal...enacted laws to give people more rights. At one point in our country's history, this was needed. However, now, we have swung too far to the left and it is time for, as they say on Wall St., a "correction."

 

There was a time when the police had far too much freedom and control and it was taken advantage of. Laws were enacted to protect the rights of the people from such abuse. Now, the criminals have more rights than the victims and it has gone too far.

[pimptastic69 0]

He won, based on the fact that they did not have a sign indicating a "dangerously slippery roof".

 

 

If he did have a sign, the ACLU would have stepped in because it wasn't written in english and spanish.

[dcOne 2]

If they started giving awards (to the razor blade stereo theft stopper guy, for example) for creatively preventing burglaries, instead of letting the burglars sue the good guys, there'd be a lot less burglaries.

[GobbleDog 1,010]

Obviously booby traps are illegal and the burglar would almost certainly win a lawsuit. The real question is, would a burglar win a lawsuit if he gets injured by something negligent in the house? Such as a falling down a broken staircase or electricuted by a faulty lightswitch, or something like that.

 

My guess would be that invited guests have a reasonable expectation for the house to be safe and they could sue, but burglars have no such reasonable expectation and cannot sue (aka win).

 

Although I'm no lawyer... maybe it depends on the degree of negligence.

 

[football_scooter 0]

Obviously booby traps are illegal and the burglar would almost certainly win a lawsuit. The real question is, would a burglar win a lawsuit if he gets injured by something negligent in the house? Such as a falling down a broken staircase or electricuted by a faulty lightswitch, or something like that.

 

My guess would be that invited guests have a reasonable expectation for the house to be safe and they could sue, but burglars have no such reasonable expectation and cannot sue (aka win).

 

Although I'm no lawyer... maybe it depends on the degree of negligence.

 

 

nope. no half laws. you're either neglegent or you aren't. There is no, "well, you're only kinda neglegent so we're only going to award 40% of the damages sought."

 

[Electric Mayhem 35]

booby

 

 

boobie

 

booby

 

[Patriotsfatboy1 1,433]

Obviously booby traps are illegal and the burglar would almost certainly win a lawsuit. The real question is, would a burglar win a lawsuit if he gets injured by something negligent in the house? Such as a falling down a broken staircase or electricuted by a faulty lightswitch, or something like that.

 

My guess would be that invited guests have a reasonable expectation for the house to be safe and they could sue, but burglars have no such reasonable expectation and cannot sue (aka win).

 

Although I'm no lawyer... maybe it depends on the degree of negligence.

 

I was driving in So. Cal yesterday and listening to some talk radio show where this exact situation came up. In CA, the burglar would win. They cited a case where a guy broke into a garage while the people were on vacation and got stuck for days because of something wrong with the door. He sued the family and won.

 

Stupid ruling, but that is how it is.

[GobbleDog 1,010]

nope. no half laws. you're either neglegent or you aren't. There is no, "well, you're only kinda neglegent so we're only going to award 40% of the damages sought."

 

 

Well if both parties are negligent, then they do decide to what degree... such as a car going 50 mph in a 30 mph zone, and gets hit by a car running a red light or something. Both are negligent... so the judge has to decide the degrees of negligence.

 

In the case of the injured burglar, perhaps the homeowner and the burglar are both negligent. One is negligent in lack of routine maintence and the other is negligent in behavior.