RE: House in self-defence mode...

["Mark Hetherington" <mark.egroups@xxxxxxx>]

> Now, I'm interested if burglar gets hurt by such action,
> can he sue you? What's the legal aspect of that?

The simple answer is yes. Any person on your property with or without
your
permission who gets injured can sue you for damages.

Although it may seem weird, it is all down to occupier's liability and
can
work in your favour. For example, in one case a woman sued her own
husband
when she fell through their conservatory roof and was injured. His
insurance
then paid her damages.

In the case of a burglar, whether or not they would report the crime is
obviously questionable since they would either have to admit attempted
burglary and be prosecuted accordingly or create a very sound reason
for
being on the property. However, it would not be advisable to take the
chance
that they would not report an injury incurred on your property.

> There was a case last year or year before where guy shot some
> burglairs and ended in jail,

Whole different ball game really. Apart from the legality of the
shooting,
whatever the circumstances, there is a concept of reasonable force when
removing a trespasser. Shooting them, is not reasonable force.

There are a number cases where a property owner is prosecuted for
actual
bodily harm (original term, possibly covered under the newer assault
terms
these days which replaced the more widely known ABH, GBH, etc) for
forcibly
removing a trespasser and failing the test of reasonable force.


HTH.

Mark.

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