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Re: House in self-defence mode...
- To: ukha_d@xxxxxxx
- Subject: Re: House in self-defence mode...
- From: "psghome2002" <psghome@xxxxxxx>
- Date: Fri, 19 Apr 2002 21:44:36 -0000
- Delivered-to: ukha_archive@xxxxxxx
- Delivered-to: mailing list ukha_d@xxxxxxx
- Mailing-list: list ukha_d@xxxxxxx; contact
ukha_d-owner@xxxxxxx
- Reply-to: ukha_d@xxxxxxx
I think that car alarm that appeared in that bond film would make a
good model - the one that blew the car (and burglar) up! Might be a
little OTT though?
--- In ukha_d@y..., "Mark Hetherington" <mark.egroups@m...>
wrote:
> > 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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