Can A Burglar Sue You If They Get Injured in Your Home? Lawyer Explains

Burglars are among the few people you expect to get protection from the law since breaking someone’s home is a severe criminal offense. But what if they sustained a grave injury while roaming your home? If a burglar trips in a house, can they sue the homeowner?

The answer isn’t straightforward, but it’s surprising as expert attorney Ugo Lord educates his viewers on the law. 

The YouTube and TikTok star lawyer explains that homeowners have a legal duty to make their property safe for everyone, including those inside and outside the home. So, if a stranger trips on debris or an object in your driveway, you may be liable for their injuries. But can a burglar sue?

What if that same stranger breaks into your house? Can a burglar sue?

In that case, they automatically become a trespasser, and whatever injury they accidentally sustain during their operation isn’t your fault. However, there’s a catch! 

Dr. Lord reveals that despite being a trespasser, if they sustain a grave injury like breaking a leg on a booby trap you set, they may press charges.  Yes, there are cases when a burglar trips in a house, then sues the homeowner! But such a lawsuit can only be successful if the property is dangerous to anyone who may innocently arrive at the home.

While some YouTube commenters found Dr. Lord’s reaction humorous, others were unhappy at the revelation. One commenter said, “It’s stupid that there are laws that work in the criminal’s favor or simply just protect them.” 

However, it’s essential to know that homeowners’ liability depends on why the person was there. 

For example, you’re responsible for someone you invite on your property, whether a friend or contractor, if they sustain an injury on your premises. 

On the other hand, suppose your family or friend who had permission to be on the property gets injured when you’re not around, your liability may lessen, but still exists.

As for trespassers, the law doesn’t require you to keep your home safe for such people, and if they get injured accidentally on your property, you aren’t liable for damages. 

However, this rule has some exceptions, as the law forbids homeowners from deliberately setting traps to injure trespassers. Therefore, bear traps, trip wires, and bamboo tiger pits are illegal and can even land you with criminal charges.

Why’s it illegal to protect your home with traps? 

Can a burglar really sue? Yes! Booby traps present a considerable risk to trespassers, unexpected guests, and even emergency services that may need to enter your home for an emergency. Also, as long as you’re not at risk of injury or death, killing or inflicting serious injury on the Burglar is unjustified. 

How can you protect your home from burglars without breaking the law? 

Dr. Lord suggests that the best way to deter burglars is to install a security system that alerts you and the authorities of any intrusion. Also, lock your doors and windows, keep valuables out of sight, and avoid posting your travel plans on social media. 

However, If you encounter a burglar in your home, Dr. Lord says you have the right to defend yourself and your property, but only with reasonable force. This means you can use physical force or a weapon to stop the burglar from harming you or stealing your belongings, but you cannot use excessive or deadly force unless your life is in danger. 

There once was a case where a homeowner shot and killed a fleeing burglar. The law later charged with second-degree murder. His conviction was later reduced to manslaughter on the grounds of diminished responsibility; nevertheless, he faced penalties for his actions. 

Therefore, while you have the right to protect your home from burglars, you have to do it within the limits of the law. Can a burglar actually sue? Yes, because you cannot intentionally harm a trespasser with booby traps, even if they are committing a crime.

Author: Susan Murphy