Should a burglar be allowed to sue you?

bassrique · #1 02-14-2011, 02:39 PM

I suppose if you catch a burglar in the act and he's tied up and tortured, yes, but what if you simply put mesh wire on the windows of your shed and the criminal cuts himself breaking into said shed?

Shed owners warned wire on windows could hurt burglars

Police have told residents to stop putting wire mesh on their garden shed windows – because they could be sued if a burglar is injured.

If this were the Daily Mail, I'd be skeptical, but this looks like a legit story. Would someone in the UK please tell me this is media hype?

Skitch it! · #2 02-14-2011, 02:48 PM

It's news to me, and probably the most ridiculous thing I've heard this year

Probably spurred by compensation culture, outbuilding break-in's are prevelent here, meanwhile 'they' as in the powers that be, are taking police off the streets to save money.

Though this article be clear as black and white and from good source, mine eyes will scarcely believe this nonsense

i_got_a_mohawk · #3 02-14-2011, 02:51 PM

Sad state of affairs, but pretty true.

It was sarcastically mentioned in a thread last week, where an old woman attacked a group of 6 armed men who were trying to rob a jewlers, that she could face prosecution. While that was mentioned in jest, it isn't too far from the truth.

Granted, I don't think anyone would actually find a home owner guilty for a criminal hurting themselves in the act of trying to break through a wire mesh.

The legal system over here can be a joke and centered around protecting the criminals. However, I think the sue-happy culture is a bit of a spill over from the US. Don't know if it's true, but was there not a case in the US where someone fell through a roof while robbing the place and ended up suing the property owners?

Relic · #4 02-14-2011, 02:55 PM

Oh good lord.... if this is true it's idiotic.
However - it's all in the angle. Pay attention to the fact that the authorities are stressing that a homeowner can be sued. It's not so much for the well-being of the miscreant as it is to avoid unnecessary financial wrangling. Still stupid, don't get me wrong, but it's not a situation where authorities are keeping people from protecting their property for the benefit of criminals.

Stinsok · #5 02-14-2011, 02:58 PM

I have heard of a case of a robber that sued a guy for shooting him. The basis was that the robber wouldn't be able to earn a living because he couldn't run away. My polilcy is NO SURVIVORS.

Martin89 · #6 02-14-2011, 02:59 PM

I read an article back in the day how an English farmer got sued for shooting some repeat burglars of his estate with a shotgun. He had to pay them for preventing them from continuing their livelihood(ie burglary), lost wages for the career criminal. This was late 90's I believe. Similar time somebody sued for breaking into a garage and getting stuck for several days, think they won too but it was somewhere in the US.

Stinsok beat me to the first story so I will edit with a +1

bassrique · #7 02-14-2011, 03:01 PM

Quote:

Originally Posted by i_got_a_mohawk

Sad state of affairs, but pretty true.

It was sarcastically mentioned in a thread last week, where an old woman attacked a group of 6 armed men who were trying to rob a jewlers, that she could face prosecution. While that was mentioned in jest, it isn't too far from the truth.

Granted, I don't think anyone would actually find a home owner guilty for a criminal hurting themselves in the act of trying to break through a wire mesh.

The legal system over here can be a joke and centered around protecting the criminals. However, I think the sue-happy culture is a bit of a spill over from the US. Don't know if it's true, but was there not a case in the US where someone fell through a roof while robbing the place and ended up suing the property owners?

I remember talk of that.

I'll look it up...

http://overlawyered.com/2006/09/the-...ing-that-isnt/

Looks to be true.

Unrepresented · #8 02-14-2011, 03:02 PM

Yes, punishment should fit the crime, and ideally, punishment should be determined by a court of law, not vigilante homeowners who booby trap their property.

I don't advocate burglary, but I also don't advocate people taking "justice" into their own hands. Neither are good for society.

()smoke() · #9 02-14-2011, 03:03 PM

nope, burglars assume the risk when they endeavor to break and enter

dave64o · #10 02-14-2011, 03:04 PM

Quote:

Originally Posted by i_got_a_mohawk

...
Granted, I don't think anyone would actually find a home owner guilty for a criminal hurting themselves in the act of trying to break through a wire mesh.
...

Not sure about over there, but if we're talking about the USA I'd bet the opposite way. Juries over here have been known to make some pretty idiotic decisions.

bassrique · #11 02-14-2011, 03:06 PM

Quote:

Originally Posted by Unrepresented

Yes, punishment should fit the crime, and ideally, punishment should be determined by a court of law, not vigilante homeowners who booby trap their property.

I don't advocate burglary, but I also don't advocate people taking "justice" into their own hands. Neither are good for society.

In this case, it's just wire across windows.

What kind of booby traps are unacceptable on private property?

Martin89 · #12 02-14-2011, 03:07 PM

I would counter-sue them for so much, I don't think putting up that sort of wire in windows is "booby trap"ing, more of a deterrent; like putting a lock on your hardshell case. If they want to steal they can, it's just going to take them longer.

Relic · #13 02-14-2011, 03:08 PM

Quote:

Originally Posted by dave64o

Not sure about over there, but if we're talking about the USA I'd bet the opposite way. Juries over here have been known to do some pretty idiotic things.

Sure, there have been incidents both in the US and the UK, but if you really dig into them, you'll usually find that they're not as clear cut and dry as one might think. Also, AFAIK the criminals usually lose such cases (or even more accurate, they're usually thrown out of court) so it's not epidemic as it may appear.

Skitch it! · #14 02-14-2011, 03:09 PM

Apart from the OP, I do get a feeling of subliminal message from 'the powers' in respect to decreased policing to save expenditure, and that is 'fight it out for yourselves'.

The elderly lady last week, I greatly admire her courage, but I've got to be honest, she is very, very lucky that no harm came to her. A lot of criminals would not think twice about it.

The law has to be changed, the law is obviously an a$$ in this case. Criminals should not be allowed to sue for 'work?' related injuries (within obvious reason of course), they default that when they decide to uptake criminality imo.

DwaynieAD · #15 02-14-2011, 03:16 PM

Quote:

Originally Posted by i_got_a_mohawk

Don't know if it's true, but was there not a case in the US where someone fell through a roof while robbing the place and ended up suing the property owners?

thats from teh movie liar liar

TheVoiceless · #16 02-14-2011, 03:18 PM

Quote:

Originally Posted by Unrepresented

Yes, punishment should fit the crime, and ideally, punishment should be determined by a court of law, not vigilante homeowners who booby trap their property.

I don't advocate burglary, but I also don't advocate people taking "justice" into their own hands. Neither are good for society.

To answer the original question, NO!! Never!! the thief should not have been on your property in the first place.

But I have to agree with the above statement to some degree. Its not a good idea to have traps in place, but you should be able to protect your property. And I guess the thief has a right to a trial and be able to sue in the case extreme measure was used. Like getting beat up or tortured for stealing a drink from a convenience store.

This is the hard truth of trying to have a "free" society. I much rather have this debate then just say " OFF WITH HIS HEAD".

MatticusMania · #17 02-14-2011, 03:21 PM

IMO, if someone is injured during the course of committing a felony against a person or property, their legal right to sue for damages should be waived. Of course, thats a general statement and isnt going to cover every instance, such as one where a person's property may be boobytrapped or something, but the way I see it, once you engage in committing a crime the rules change.

i_got_a_mohawk · #18 02-14-2011, 03:23 PM

Quote:

Originally Posted by Unrepresented

Yes, punishment should fit the crime, and ideally, punishment should be determined by a court of law, not vigilante homeowners who booby trap their property.

I don't advocate burglary, but I also don't advocate people taking "justice" into their own hands. Neither are good for society.

I agree, but putting mesh over your windows is hardly setting a trap.

Skitch it! · #19 02-14-2011, 03:31 PM

Quote:

Originally Posted by DwaynieAD

never said it didnt happen. but when this subject is brought up that is always the first "example" brought up to say "it happens" i just find it funny because its from a popular movie.

I see what your saying, I'm not familiar with that one

i_got_a_mohawk · #20 02-14-2011, 03:35 PM

Quote:

Originally Posted by DwaynieAD

never said it didnt happen. but when this subject is brought up that is always the first "example" brought up to say "it happens" i just find it funny because its from a popular movie.

I've heard a few iterations of the story, which is why I didn't stick in any specifics, didn't realise it was in Liar Liar tho!