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criminal suing us

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time2moveon

Junior Member
What is the name of your state? LA

Can someone sue us for an injury they received during the course of a crime?

Such as falling off the steps of a tree house that they were hiding from the police in?
 


HomeGuru

Senior Member
What is the name of your state? LA

Can someone sue us for an injury they received during the course of a crime?

Such as falling off the steps of a tree house that they were hiding from the police in?
**A: of course they can. You have never heard of the robber that sued the homeowner when he fell down the steps inside the home while carrying a heavy safe he was stealing?
 

time2moveon

Junior Member
ok i get that, stupid, but I get anyone can sue anyone over anything...

I guess I should have asked, the probability of a judge ruling for the criminal.
 

dcatz

Senior Member
ok i get that, stupid, but I get anyone can sue anyone over anything...

You said it. Within permissible limits of online disclosure, I could tell you about a case wherein the family of a convicted murder sued a City and its Police Dept. for real property damage exceeding the limits of a search warrant to exhume the remains of a body. The evidence wasn’t found, but the original defendant was convicted based on circumstantial evidence, and the matter is on appeal. In the property damage case, filed in SC court, the family did establish a prima facie case, but the police and the city had full immunity based on the warrant. You don’t.

Is this really happening <g>, or is this a homework exercise? (Excuse the grin; I abhor smilies).

Haven’t researched negligence laws in your state. They differ state to state, and your state’s legal system is based on French/Spanish law, while every other state’s is based on English common law. If something is happening in SC court, attorneys are allowed in your state, and counter-claims are permitted (you may have one). You might want to consult with an attorney. Short of that, you may want to familiarize yourself with defenses such as “assumption of the risk” and any defense that may immunize you for injuries occasioned in the commission of an illegal act. (I don’t know the outcome of SJ’s case or the state in which it arose – it does make a difference.)

Your SC cases have a $3K limit, but it still may be worth the price of a consultation to get your ducks (defenses) in a row.
 

time2moveon

Junior Member
no real situation. Dang, how do I get on Judge Judy??? I am sure she wouldn't rule in his favor... lol

Will I be able to show that he is a habitual criminal??

If so Is there a way to search for his name in court records?

When I called the clerk of court, I was told that as long as the records are public, I can have copies of any made that I wanted as long as I paid for them.

Also, is an arrest record public? Just thought of that.


Also, the steps were rickety, and I have been told that had I given him permission to be in the tree house that I am liable, but since he was trespassing I wasnt.

Is that a true statement?

But my hubbys friend told us that and to be honest... I dont want to hang 5k on his word...
 

seniorjudge

Senior Member
Q: Will I be able to show that he is a habitual criminal??

A: Probably not since it is totally irrelevant to the current case.


Q: If so Is there a way to search for his name in court records?

A: When I called the clerk of court, I was told that as long as the records are public, I can have copies of any made that I wanted as long as I paid for them.


Q: Also, is an arrest record public? Just thought of that.

A: Generally, yes.


Q: Also, the steps were rickety, and I have been told that had I given him permission to be in the tree house that I am liable, but since he was trespassing I wasnt. Is that a true statement?

A: Probably.
 

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