davebg 0 Posted March 12, 2007 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. The judge or jury can consider that when determining the amount of a civil judgement, but not the verdict itself. So, in such situations, generally the homeowner is negligent and the burglar wins. However, the judge or jury could also turn around and award a $1 judgement b/c they don't think the burglar deserves anything. I'm not sure how that plays out w/the difference between types of judgements, though. If a burglar got hurt, then I'd imagine he'd get fully reimbursed for say medical fees, but if he tried to get punitive awards for his "pain and suffering" he might be (and should be) sh|t out of luck. Share this post Link to post Share on other sites
GeminiV 0 Posted March 13, 2007 The judge or jury can consider that when determining the amount of a civil judgement, but not the verdict itself. So, in such situations, generally the homeowner is negligent and the burglar wins. However, the judge or jury could also turn around and award a $1 judgement b/c they don't think the burglar deserves anything. I'm not sure how that plays out w/the difference between types of judgements, though. If a burglar got hurt, then I'd imagine he'd get fully reimbursed for say medical fees, but if he tried to get punitive awards for his "pain and suffering" he might be (and should be) sh|t out of luck. What about future wages? The burglar could've ripped off other homes for hundreds of thousands of dollars if he hadn't been crippled by the owner's negligence. Share this post Link to post Share on other sites