Imagine somebody breaks into your house, you try to stop them, and in the end, you’re the one getting sued – by none other than the burglar! Before you start laughing, let me just say I didn’t make this up, and burglars are allowed to sue homeowners. The question is, why?
Burglars are allowed to sue because every person has a right to sue and be sued. Those situations when a burglar can sue a homeowner are limited in number but not nonexistent. Burglars could sue a homeowner if they caused a life-threatening situation for that burglar.
If you’re interested in when exactly you, as a homeowner, can be sued by a burglar, continue reading. In this article, I’ll also discuss why burglars can sue you in certain situations and what you can do to ensure you’re not sued for defending your property.
The Real Reason Burglars Can Sue a Homeowner
As crazy as it might sound, currently, in the US, burglars can actually break into your property, rob you, and end up suing you. Now, being able to sue doesn’t necessarily mean the burglar will win the case. In the majority of cases, the jury will have none of it.
However, the main question is: why are burglars even allowed to sue a homeowner?
The simple reason is that it’s their right as human beings living in a country where the rule of law is strong and developed.
Apart from the US, the UK is another country that recognizes this right for burglars (to the shock of many).
The principle behind it is that everyone is protected under the same law. This means that if you attack a burglar who wouldn’t cause you any harm, then, in fact, you become the “attacker” and the burglar the “victim.”
“Burglar-Lawsuits: Avoid Traps, Attacks & Life-changing injuries“
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Situations When Burglars Can Sue a Homeowner
As I mentioned already, there are only a few situations when a burglar can actually sue a homeowner whose property they broke into. All of these situations have to do with the homeowner’s intent to harm a burglar, even if unnecessary.
Let’s see what those situations are.
If You Intentionally Want To Harm a Burglar Before a Burglary
Protecting your property, that is, your material possessions isn’t a valid excuse to want to harm a burglar physically. Although many people like to “be ready” when burglars show up, you should be careful what precautions you take in these respects.
Some people set various traps intended for animals, such as booby traps, to keep burglars away. If you do this, you’re basically begging to be sued.
Injuring another person, even if it’s a burglar, before any crime was committed, means you’re liable for any harm caused by your traps, not to talk about accidentally injuring an innocent person.
When You Attack a Burglar Who Didn’t Attack You
You should always remember that you can attack another person only if they try to attack you or another person. This means that you can’t attack anybody, including a burglar, because of something you own, meaning something that’s not alive.
You’re only allowed to attack somebody in self-defense, which means that a burglar has already attacked you or intends to do so. In that case, you can defend yourself in any way you see fit.
Burglars Can Sue You if You Cause Them Some Life-Changing Injury
Lastly, let’s say a burglar notices you coming and starts running away, and you start shooting at them. You shoot the burglar in the leg, and now they can’t walk.
That burglar has a right to sue you because they weren’t a threat to you, and on top of that, you caused them to have a life-changing injury because they’ll never be able to walk properly again.
It might sound absurd that a burglar could argue in court that because you injured them for breaking into your home, it means they won’t be able to work and walk properly. The worst thing is that the court might find you guilty.
So, always remember the point above – attack only if you feel your life is in danger.
What Does the Law Say About Self-Defense in Case of a Burglary?
When it comes to the law regarding self-defense, you should know that every state in the US has its own laws in place. However, all of these laws are generally grouped under one of the three types, allowing the homeowner to self-defend against a burglar in certain situations.
The three types of self-defense laws in the US are:
- Castle doctrine: means you can self-defend against a burglar if the assault happens inside your property. You’re allowed to protect your property (“castle”) but nothing outside of it.
- Stand your ground: means you’re allowed to use weapons to self-defend if you have a serious indication that the burglar is either threatening you or causing you any harm.
- Duty to retreat: means that a homeowner can’t attack a burglar in self-defense if that homeowner can find some safe spot to hide or run away. Only if there’s no other option can a homeowner self-defend against a burglar.
Here are 5 creative hideouts I wrote about if you’re home during a burlgary.
What Should You Do To Avoid Being Sued by a Burglar
Learn Martial Arts for Self-Defense
Either you don’t own a weapon, or you own one and don’t want to use it because you might accidentally and ambitiously hurt a burglar and end up in court, especially if you don’t use it in self-defense. A far safer option is to learn some martial art to physically defend yourself.
I have so many articles on this topic. Read my article about the six best and easiest martial arts. Also, check my article on how to learn self-defense at home or online.
The Benefit of CCTVs
Completely avoid confrontation with burglars as CCTVs enable homeowners to be proactive and take action before intruders enter the premises. CCTVs also make good deterrents & if burglars know you’re watching them, this could completely avoid a burglary, let alone getting sued.
Perhaps the best benefit of having CCTVs, in this case, is having recorded footage of your self-defense in a case of injuring the intruder. This should stand well in court.
Buy An Alarm System
This is one of the best solutions to keep burglars away from your property. Instead of placing traps that could injure somebody (and send you to court), invest your money in a good alarm system that’ll do the same job effectively – deter burglars before they break into your property.
Conclusion
Yes, it’s true – a burglar can actually sue you if:
- You plan on harming them in advance by setting up traps.
- You attack a burglar, and it wasn’t in self-defense.
- You cause life-changing injuries to the burglar.
You should always remember that you can only use weapons on burglars in self-defense, that is if a burglar attacked you first or threatened to attack you.
