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RE: House in self-defence mode...
- To: <ukha_d@xxxxxxx>
- Subject: RE: House in self-defence mode...
- From: "Nikola Kasic" <nikola@xxxxxxx>
- Date: Mon, 22 Apr 2002 10:48:51 +0100
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ukha_d-owner@xxxxxxx
- Reply-to: ukha_d@xxxxxxx
Mark,
What
if you announce via speakers throuhgout the house:
"You
have entered this property unauthorized. Therefore, this house will start
self-defense. Sleeping gas will be released and all the doors will be
locked... Please lay down on the floor to prevent any
injuries or leave the property within 30 seconds. You are
currently recorded and video footage is already sent to Police, who will be
here
shortly.
Thank
you for your cooperation..."
I
don't know anyone who would want to stay in such situation, whether you
release
gas or not.
Anyway, if you do, would such disclaimer (and you have everything
recorded as an evidence) save you from prosecution?
Nik
> 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.
For
more information: http://www.automatedhome.co.uk
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