If a burglar breaks into a house and trips and injures himself on the property can he sue for personal injury?

Asked over 2 years ago - Sunrise, FL

Or not?

Attorney answers (6)

  1. Marian Audrey Lindquist

    Contributor Level 17

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    Answered . He CAN because anyone can file a lawsuit, but I don't think he SHOULD. If you get sued, or contacted by an attorney, contact your homeowners policy to defend you.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  2. Robert John Sunner

    Contributor Level 8

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    Answered . I agree with the attorneys who previously answered your question. He could try to sue, but his case probably has no merit.

    Fla Stat. 768.075(4): A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for negligence that results in the death of, injury to, or damage to a person who is attempting to commit a felony or who is engaged in the commission of a felony on the property.

    Hope this helps!

    This was not intended to constitute legal advice. This does not create an attorney-client relationship. If you... more
  3. Nicholas David Russo

    Contributor Level 8

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    Lawyer agrees

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    Answered . No, the burglar would be considered a trespasser .

  4. Michelle L. Kelson

    Contributor Level 5

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    Lawyer agrees

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    Answered . As crazy as it may seem, anyone can file suit. It does not necessarily mean it has merit. As my peer has stated, if you do get contacted by an attorney, immediatley contact your homeowners insurance so that they can jump in and defend if necessary.

  5. David McCormack

    Contributor Level 10

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    Answered . Anyone can sue - however, it is most likely not a valid claim under Florida trespass law. This was an urban myth case circulated several years ago.

  6. Jeffrey Mark Adams

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . Yes.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more

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