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

Sunrise, FL |
Attorney answers 6



Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Jeffrey Mark Adams

Jeffrey Mark Adams


I'm confused; yes or no? If I'm incorrect my apologies to all. Jeff


No, the burglar would be considered a trespasser .


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 construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button


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.


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.


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 would like a free consultation, call 407-831-8522 or visit The Sunner Law Firm at

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