• Please be sure to read the rules and adhere to them. Some banned members have complained that they are not spammers. But they spammed us. Some even tried to redirect our members to other forums. Duh. Be smart. Read the rules and adhere to them and we will all get along just fine. Cheers. :beer: Link to the rules: https://www.forumsforums.com/threads/forum-rules-info.2974/

For all you ‘Legal beagles’ out there…

Lia

Banned
Why is it… that the police can taser a suspected felon, pepper-spray them, or even use a baton upon them. Can twist their arms, fingers, hands etc; they can hog tie them, and forcibly hold them down, all in the line of making an arrest, or subduing them, without inviting a claim for abuse or assault; yet, why is it that if a burglar breaks into my home, and trips over the vacuum cleaner that has been inadvertently left out, thereby injuring himself or worse, inviting a nibble or two from my Dogs, can sue me? What is that all about?

What gives the Police a buffer from lawsuits that are not extended to the homeowner? Is that fair even?

Why is it that a thief can vault my hypothetical wall, topped by glass fragments or barbed wire, and cut himself in the process’s and be able to claim for his injuries? If the law allows me to use such deterrents, yet outlaws breaking and entering, how come it’s me that has to be penalized for the felon’s injuries? Doesn’t accountability and responsibility apply to a felon now?

Who makes these stupid laws and legislation, the above mentioned, incidentally, just the tip of the ice-berg? What wooden-tops perpetrate these idiotic laws, bylaws, and regulations?
 
If my dogs nibble on him, he wont be suing me, maybe his estate will, but anyway. I think anyone can sue anyone for anything, around here (Indiana) you cant set up booby traps that can kill or maim someone when you are not home because you are not in fear of your life. But I dont think you are really gonna lose a lawsuit because you left your vacuum cleaner out and he trips over it.

Anyway I did not even stay at the Holiday Inn express last night. Legal counsel will probably be in later. I think attorneys generally get up just before noon.
 
Last edited:
If my dogs nibble on him, he wont be suing me, maybe his estate will, but anyway. I think anyone can sue anyone for anything, around here (Indiana) you cant set up booby traps that can kill or maim someone when you are not home because you are not in fear of your life. But I dont think you are really gonna lose a lawsuit because you left your vacuum cleaner out and he trips over it.

Anyway I did not even stay at the Holiday Inn express last night. Legal counsel will probably be in later. I think attorneys generally get up just before noon.

Couldn't sleep, so .....

Mak's right. Anyone can sue anyone else at any time for any reason. Doesn't mean they'll win.

Another distinction in your question is that sovereign immunity sometimes insulates the police from extended litigation? The Cincinnati Police department would surely disagree with me in that regard, however ...
 
That's what makes Castle Doctrine laws nice. They should be strengthened to include the right to use deadly force for merely trespassing on property. ;)
 
That's what makes Castle Doctrine laws nice. They should be strengthened to include the right to use deadly force for merely trespassing on property. ;)


It already includes that PB , its under the SSS amendment, article 357M . :brows:
 
That's what makes Castle Doctrine laws nice. They should be strengthened to include the right to use deadly force for merely trespassing on property. ;)


PA is finally going to get it this year, thank goodness. Went through the house and senate last year all to be vetoed by Rendell.

Just cleared the house, going to the senate (will pass) and Corbett won't be vetoing it .................. :clap:
 
Since the police are working for the city and in the process of doing their job I would guess they can get by with all you said Lia. They have to be allowed to do this stuff when catching the bad guys. If we took that away and all they could do was ask the criminal politely to please get in the police car I don't think they'd catch many criminals. They have to play rough. Sure sometimes they overdue it but it is part of the job, and hard to put a hard fast rule on how they do their job.

I also agree with you in that anyone who enters someones home with the intent of committing a crime or doing harm to the homeowner has given up their rights. They should not be allowed to sue for anything. I suppose there is a good reason why they allow some of the loony law suits by criminals but whatever it is escapes me.
 
Since the police are working for the city and in the process of doing their job I would guess they can get by with all you said Lia. They have to be allowed to do this stuff when catching the bad guys. If we took that away and all they could do was ask the criminal politely to please get in the police car I don't think they'd catch many criminals. They have to play rough. Sure sometimes they overdue it but it is part of the job, and hard to put a hard fast rule on how they do their job.

Oh yes, I absolutely agree Doc; my point was that I don't even have to lay a finger on an intruder into my home, all he has to do is fall over, and he can sue me. It just doesn't seem fair. But I agree, the Police keep us safe by aprehending felons, and sometimes it has to be done by various stages of force.

I also agree with you in that anyone who enters someones home with the intent of committing a crime or doing harm to the homeowner has given up their rights. They should not be allowed to sue for anything. I suppose there is a good reason why they allow some of the loony law suits by criminals but whatever it is escapes me.

Me too... :smile:
 
In Alaska they already have the "Castle" Law to where you can protect yourself on your own property from harm. They are now forwarding a law though legislation that you can protect yourself and family anywhere you have the right to be. Which means someone threatening you on the street, now has a good chance that someone may pull out a pistol and shoot them legally in self defense.

Maybe those people that have short tempers or want to rob some old guy may now be in jeopardy of being extinct.
 
Oh yes, I absolutely agree Doc; my point was that I don't even have to lay a finger on an intruder into my home, all he has to do is fall over, and he can sue me. It just doesn't seem fair. But I agree, the Police keep us safe by aprehending felons, and sometimes it has to be done by various stages of force.



Me too... :smile:

I guess that is why the statement "Dead men don't tell tails" is sometimes fitting...

You tell them your version of what happened and the intruder is sprawled out on the floor proving it....
 
Once again, Heinlein was on top of things before most folks thought there were things to be on top of!!


 

Attachments

  • gun control - Heinlein.jpg
    gun control - Heinlein.jpg
    41.4 KB · Views: 177
  • compensating.jpg
    compensating.jpg
    62.9 KB · Views: 168
Top