Just read this in local paper today and was was wondering what the ''Social Worker in the long black robe'' (Judge) will make of this.

https://www.independent.ie/iri...n-raid-36470904.html

This message has been edited. Last edited by: parabellum,

Welcome to SigForum.....a few words of advice:
1. Read the sticky thread requesting profanity NOT be used in thread titles.
2. Read numerous threads about including a description of your topic...not to rely on clicking a link to find out your point of discussion.

Hopefully the judge will tell them to take a hike.

In US, store has duty to maintain reasonably safe premises for customers, and customers have to exercise reasonable caution. These clowns were not customers, and it was after hours. Would a reasonably careful customer in the store during operating hours have noticed the ball buster and avoided it?

Either way, plantiff has to prove negligence beyond a reasonable doubt.

In a fair number of the United States, all of the criminals could have been shot and killed with zero legal repercussions to the shop owner.

Which is as it should be, worldwide.

The duties owed by land occupiers to those entering on the property has been in some flux.

It used to be the duty depended on the status of the entrant, business invitee, license or trespasser. Those distinctions are eroding, but in no case is a land occupier an insurer of the safety of those entering upon the land.

Even under the old rules, a land occupier owed a duty not to trap the trespeasser and had a duty to warn of known dangerous conditions on the land.

So it depends how the perp was injured and by what.

Who knows the rules in Ireland.

Criminals suing the victims for injuies happens all the time here. I recall a famous case from a decade ago where a thief somehow managed to lock himself in the garage of a home. He had to exist for a week on what was in the refrigerator in the garage (mostly beer and snacks) until the homeowners returned from their vacation and found him. Although arrested he sued and won

People sue for getting hurt breaking into buildings as well.

I'd love to see Trump pass a Federal Law that prevents people from suing if they are engaged in a criminal act at the time of injury.

quote:

Originally posted by Rightwire:
Criminals suing the victims for injuies happens all the time here. I recall a famous case from a decade ago where a thief somehow managed to lock himself in the garage of a home. He had to exist for a week on what was in the refrigerator in the garage (mostly beer and snacks) until the homeowners returned from their vacation and found him. Although arrested he sued and won

People sue for getting hurt breaking into buildings as well.

I'd love to see Trump pass a Federal Law that prevents people from suing if they are engaged in a criminal act at the time of injury.

I'd sure like to know the cite for that case. It just doesn't sound right (it sounds like a modern myth), or there are facts that your summary leaves out. I don't mean you are misleading us, but that the story as passed along or as summarized isn't accurate.

You can't trap a burglar - dig pits or set out bear traps. But if he gets stuck in a normal garage on his own, I don't see any liability.

quote:

Originally posted by jhe888:

quote:

Originally posted by Rightwire:
Criminals suing the victims for injuies happens all the time here. I recall a famous case from a decade ago where a thief somehow managed to lock himself in the garage of a home. He had to exist for a week on what was in the refrigerator in the garage (mostly beer and snacks) until the homeowners returned from their vacation and found him. Although arrested he sued and won

People sue for getting hurt breaking into buildings as well.

I'd love to see Trump pass a Federal Law that prevents people from suing if they are engaged in a criminal act at the time of injury.

I'd sure like to know the cite for that case. It just doesn't sound right (it sounds like a modern myth), or there are facts that your summary leaves out. I don't mean you are misleading us, but that the story as passed along or as summarized isn't accurate.

You can't trap a burglar - dig pits or set out bear traps. But if he gets stuck in a normal garage on his own, I don't see any liability.

I apologize for not having the full legal brief but it is one of those that sticks in your mind, I believe it was even posted on the forum. Maybe 10 years ago or so?

I can tell you that about once a quarter the local news here has a story about a burgler that gets cut on glass from a window they broke, or fall off their ladder, or through the ceiling then sue the business for their injury. Fortunately the ones that try to steal copper from live circuits seldom survive, but I'm sure their family members go after someone in civil court.

I am not picking on you - intruders may sue, but they will recover only very rarely recover. Or more likely, they say they will sue, but don't when they learn about the reality of the law.

Their own bad acts often cut off liability for the premises owner. Unless the owner takes some active step to hurt or entrap the intruder, they shouldn't generally be liable.

These stories get attention because they generate outrage, so the press covers them. The reporter doesn't come back a month later and report that no suit got filed. Or nine months later, and report that the court poured the plaintiff out.

I bet not many actually get filed, because those plaintiffs will need contingent-fee representation, and lawyers aren't stupid - they know there isn't money in most of them. When they do get filed, I bet some significant fraction are losers. Would you want to try that case to a jury as a plaintiff? Juries are not sympathetic to burglars.

I think this is a much smaller number of events than you imagine.

If you take a moment to google burglar trapped in garage sues you will find it and the consensus is that it’s an urban legend that never actually occurred.

The case in the case books when I was in law school was the farmer who tired of having his unoccupied farmhouse broken into and looted, so he rigged a shotgun to go off when the front door was opened. Soon enough a robber was severely wounded opening the front door, lost his legs, IIRC, and ended up owning the farm.

You can’t rig a trap, etc, use lethal deadly force, etc. on automatic.