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(CBS) GREENBRAE, Calif. - A Northern California homeowner who police say survived being shot in the jaw during a burglary is now getting a "punch in the gut": The burglary suspect is suing him for returning fire
Burglar sues Calif. homeowner, 90, who returned fire
The burglary suspect is charged with attempted murder for shooting Marin County homeowner Jay Leone in the jawwww.cbsnews.com
Property owners have a duty of care to maintain the safety of the premises for those who come onto the property. Can a burglar sue for personal injury? The short answer is yes ..
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1) Trapped Burglar Sues Homeowner
A fine example of good sense failing is the case of Terence Dickson. In the process of exiting a house he had just entered and burglarized, he found that his planned escape route through the garage was a dead end as the door opener would not function and he was unable to open the garage door. Turning back to re-enter the house, he found that the connecting door had locked behind him! He was forced to spend the next eight days with only a case of Pepsi and a bag of dry dog food.
Mr. Dickson, upon regaining his freedom from the garage, filed a suit against the homeowner’s insurance company on the basis of his having suffered mental anguish during his unintended confinement. Incredibly, the jury determined that Mr. Dickson was to be paid $500,000 for his suffering.
2) Teens will be Teens
Further proof that craziness happens is the case of two teens who burned themselves touching an uninsulated wire while trespassing on private property. The boundary-crossing boys sued the owner of the house for the injuries. In an unbelievable trial outcome, they were awarded $24.2 million.
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The first time Nigel Sykes tried to get money from the Seasons Pizza restaurant, he did it with a gun, forcing his way into the business through the back door.
This time, Sykes is trying to get money from the pizzeria by suing the employees who tackled him and wrestled his gun away during the robbery.
Sykes alleges assault in a federal civil complaint claiming the rough treatment was "unnecessary" and that as a result of the injuries he suffered during his attempted hold-up, he is due over $260,000.
Different circumstances entirely. A homeowner is responsible to maintain the premises in a safe manner. eg. as in the example above, not leave exposed live wiring around. I cannot see they are reponsible for someone who injures themsleves against a perfectly serviceable door that is functioning as a door should.
In the 1st instance, the burglar was shot in the jaw. It's within his right to sue for excessive force and for the home owner to prove otherwise. It's going to hinge on the state and rights of the homeowner in that state and the circumstances giving rise to the homeowner firing the gun.
In the 2nd instance, the homeowner was negligent for leaving a bare live wire exposed in a place where a "visitor" to the premises might touch it and injure themselves.
In the 3rd instance, the guy was trapped in the garage because of the defective garage door opener that prevented his escape and an arrangement where the hosue door automatically locked behind him. Is it forceable someone might be injured as a result of getting trapped because of an arrangement where a person can get trapped in an enclosed space with no means of escape? yes.
In the 4th instance, so far as I can see having read it at a glance, the case against the pizza employees and Police officers was dismissed on a technicality. Either way, again it was potentially a case of excessive force.
None of these instances lead to me to conclude on the face of it that a burglar injuring himself on a functioning door would have cause for complaint provided the door was functioning as intended and not deliberately set up with causing injury in mind.