Today, I got a letter in the mail saying I'm being sued by the guy that broke into my house last week. When I walked in and saw him, I tackled him, punched him in the face a time or two, and restrained him with zip ties. I now have to pay for his broken nose and face charges of assault. FML
I agree, your life sucks (29765) - you totally deserved it (2281)
On 11/07/2009 at 12:01pm - misc - by ShouldHaveLetHimTakeTheTV (man) - United States (Wisconsin)
Nobody said our justice system was perfect, but it still sucks super bad for you.
#1 - On 11/07/2009 at 5:32pm by SaintJimmy
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This comment has been moderated.
#10 - On 11/07/2009 at 5:43pm by Unregistered
hey buddy, if you reply to a comment, "first" is not something applicable to your situation
#23 - On 11/07/2009 at 5:53pm by the_BLADE13
number 14 claimed first. then deleted his comment. hence the confusion.
#27 - On 11/07/2009 at 5:56pm by the_BLADE13
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#108, youre a fucking asshole. i hate asshats who stretch pages. FUCK YOU.
Claim self-defense. He's on the prosecution, the burden of proving harm goes to him, not the other way around. Legally, as the defendent, you are "innocent until proven guilty".
I also doubt no judge or 12-member jury will rule in favor of a guy who breaks into others houses.
#149 - On 11/07/2009 at 10:21pm by spazzdoodle
if he was in alabama he couldn't be blamed for what happens on his property. here, we have the right to shoot anyone who is on our property without permission.
#155 - On 11/07/2009 at 11:04pm by betseyville
okay, no matter what that is definitely breaking and entering and you really should have broke his neck, then u would file it as self defense. He entered private property withOUT permission!
@156, It doesn't work that way. If someone gets hurt on your property, even if they broke into your house, stole $1,000, jumped out a window and broke their neck, they can sue. I know, I know, the fucking law system is fucked up.
#160 - On 11/07/2009 at 11:39pm by nazooer
@160 Actually, that law is about maintenance and safety issues. It has absolutely no relevance to an assault case. Just FTK.
@164, still, I'm just saying how fucked up the system is, not saying its relevant, but it's still fucked up that he would get in trouble for trying to stop a robber, ya know?
#165 - On 11/08/2009 at 12:04am by nazooer
He didn't say he lost. He just said he's being sued. He's gonna be wasting time and maybe money on proving that he was just defending himself against a robber.
#187 - On 11/08/2009 at 3:13am by dudeitsdanny
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YDI for living in America where they sue everyone for everything.
The lawsuit most certainly isn't fair. The guy broke into someone else's house with intent to rob it, the guy was defending his property and could have killed the robber without recourse.
Wisconsin is one of very few states with no self-defense protections. So the OP is probably screwed, but he can counter-sue and possibly get most of his money back.
He'll still get a trial by jury. It'll just be a waste of time for both people involved.
You know, if this isn't fake.
#58, correct me if I'm wrong, but I thought that Wisconsin had the 'Make my day' laws? Or is that only in the south Midwestern states?
#198 - On 11/08/2009 at 8:18am by SaintJimmy
That's gonna get thrown out of court rather quickly.
Also, sue him back for the emotional trauma you suffered of walking in on a robbery :P
#4 - On 11/07/2009 at 5:37pm by fuckyou1337
Hahah. Only in America.
If people break into your house and get hurt. It's your fault.
#6 - On 11/07/2009 at 5:39pm by rickrolled01
There was a news story I read a while ago where someone broke into a fast food restaurant after it had closed for the night. The robber burned themselves on a stove that was left on, and sued the restaurant or something. Turns out the robber won, got away with breaking in, and the restaurant had to pay lots of fines. That's messed up yo.
This country is fucking messed up =/
Hope I never get broken into if I try to defend myself I'm gonna get sued =/
#7 - On 11/07/2009 at 5:40pm by PrinceTwilight17
Shouldn't he be in jail? Pssshhh... leave it to good ol' America to protect criminals and punish those who need defended. Horrible justice system, I know. Get a good lawyer and appear in court. If you tell about the break-in, what jury would possibly be on his side?
Of course, this IS the U.S. ........
You're SOL, OP. Sorry :(
#9 - On 11/07/2009 at 5:42pm by MermaidSongXOXO
some states (new jersey, for example) don't have self-defense laws. therefore, this case would stand up in court, for at least a little while, in new jersey.
Sorry, you're wrong. New Jersey does have self-defense laws. Don't believe me? google it the first thing that comes up is a pdf of the new version of the law which states "It is proper for law-abiding people to protect themselves, their families and others from intruders and attackers without fear of prosecution or civil action for acting in defense of their own well being and the well being of others." This hasn't stopped robbers or attackers from trying though. Most often they loose but they waste taxpayer money on nonsense court cases anyway.
According to a comment posted earlier, Wisconsin doesn't have such a law.
#138 - On 11/07/2009 at 9:42pm by Corey_Helfand
Maybe the punching was excessive, but come on. He broke into your house. The judge and jury should rule in your favor.
The punching was excessive? It was completely acceptable. A great deal of people get killed when they come home and catch a robber in the act. Thieves panic and pull out a gun. It happens too often.
punching is not excessive if this ass broke into my house (self defense laws or not) he would be lucky to be alive and breathing. And if he was alive some doctor would have to spend hours pulling out 12ga. buckshot out of him or .44mag slugs out of his face and chest.
I have a nine. If they break in, they won't get the chance to sue, if you know what I mean.
And yes, I'm Texan.
P.S. Vigilante justice all the way!
#13 - On 11/07/2009 at 5:45pm by cpatrick820
the castle doctrine is the best fucking law in existence. people accost you in a public place even and legally you can shoot them
Castle law may be awesome, but I'm pretty sure Paraguay's law stating that dueling is legal so long as both parties are registered blood donors is far more awesome.
#124 - On 11/07/2009 at 8:46pm by avoidthegirl
yeah, sadly the OP is from wisconsin and they do not have a castle doctrine there. it's called "duty to retreat" or something basically you have to run if someone is breaking in or attacking you. its pretty f-ing stupid. it's my house!! of course I'm going to shoot someone if they come in!! ugh.
so if there is no castle doctrine where you live you have to show that they were going to harm you or there was no way for you to retreat. BUT i think maybe it only counts if you murder the intruder. if you just hurt them then i think you're OK...
I agree with allmidnighte. There is no way the burglar would actually win. So no worries.
#15 - On 11/07/2009 at 5:46pm by marcantonia
actually there have been a few cases, such as one where the guy who broke in was crippled by, I believe, a gunshot, and he did actually win..
#51 - On 11/07/2009 at 6:31pm by Monkeybuttorama
Yeah. Move to Texas where we can kill the idiots who break into our homes and the cops don't even blink. ;-)
I always hear similar stories. This cannot possibly be true.
#17 - On 11/07/2009 at 5:48pm by Darling_Cherry
Sighh no you don't. "You can use non-deadly force to the extent reasonably necessary to stop someone from unlawfully interfering with your home or your property, and that means everyone's property who lives there." I really doubt that this is real, but in the event that it is, it's fairly easy to dispute.
#19 - On 11/07/2009 at 5:49pm by omgkittenslol
That's what you get for living in a state without a Castle Law. I will never live in a state without Castle or Make My Day Laws. You should consider relocating....
#21 - On 11/07/2009 at 5:51pm by hot_mess88
YDI for not being a gun owning American.
If you had shot the son of a bitch in the head, you would have been a hero, and would not have to spend thousands of dollars in attorney costs.
FYL, sucker.
Shoot him in the head, and then sue his family for the stains he leaves in the carpet.
#28 - On 11/07/2009 at 5:58pm by BREADEDELF
#28 & #22 FTW!!!!!! lmfao!!!!
imo he should have shot that son of a bitch "executioner style"
sued his family for the blood stains left in his carpet
and also for the emotional distress he went through with seeing a dead body on his carpet
and finally dance on that motherfucker's grave!
#142 - On 11/07/2009 at 9:54pm by NataleeC
Not just in America tho' :( 2 burglars in UK broke into a guys home, he handled business, one of the burglars died from stab wounds and now the homeower is being prosecuted :/ ridiculous.
Google Omari Roberts for the full story.
Just because the guy tried to sue you does not mean he will win, or even necessarily make it to court. What did you expect from someone who already proved he's a greedy asswipe? Hire an attorney and get this dealt with.
#30 - On 11/07/2009 at 5:59pm by pope_suburban
The law is fucked in America. It's cute that some of you think otherwise, though. Ah! To be naive and think you could not get in trouble for protecting yourself or your property. Sorry kids, there is no real justice here. The prosecutor is the law. The "victim" probably got represented by one of those drive-by law firms. Although if you have 10 to 15 grand to blow in lawyer fees you should give it your best fight.. just so you can say you tried. That feels good. You just have to be very creative and careful about your revenge.
what a fucking stupid society we live in eh
like that's so stupid that a robber can sue you for breaking into your house
you should have every right to beat his ass.
#32 - On 11/07/2009 at 6:00pm by getfighted
Wow. The ignorance on this board is astounding.
#1: The Castle Doctrine is a defense to criminal homicide. It has no bearing on a civil case. This is America, which means anyone can sue anyone for anything. Which brings me to...
#2: If the OP was just sued today, all that means is the burglar sued the OP. It does not have anything to do with the legal merits of the case. In all likelihood, the case will go away. It sucks that the OP will now have to retain an attorney, but the case shouldn't last all that long.
Sucks, I know. This happens every once in a while, but just let him take you to court. He probably won't win anything anyways...
#34 - On 11/07/2009 at 6:01pm by Bloodknight
what a fucking stupid society we live in eh
like that's so stupid that a robber can sue you for breaking into your house
you should have every right to beat his ass.
#35 - On 11/07/2009 at 6:06pm by getfighted
Well, I guess, also in the US you have courts where you settle things like that.
Just cause he sues you doesn't mean you will be punished.
Also: a bit whiny.
YDI
#36 - On 11/07/2009 at 6:08pm by Klabauterpete
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Does anyone else think that tackling the burglar, punching him enough to break his nose, and then RESTRAINING HIM WITH ZIP TIES is not a bit excessive?! I'm not from America so I don't share your passion for the 'vigilante' approach, but everyone - including criminals - has basic human rights that ought to be respected and protected under the law. Breaking into your home was wrong, but OP's response was way over the top. It's not an issue of self defense unless the burglar actually attacked him first, which there's no mention of. It's not an issue of "a robber can sue you for breaking into your house" as someone previously mentioned. The burglar is suing for assault and he should also be suing for false imprisonment. Jeez.
No, he had every right to do that. What if the burglar had a gun? It would have been dumb of the OP to just do nothing and possibly get killed.
#41 - On 11/07/2009 at 6:19pm by Darksect0r13
False imprisonment? You had me laughing my ass off and then you go and break the illusion and prove you're just a moron.
Everything the OP did seems justified. He could have killed him but he didn't. He was protecting himself and his property and seemed to use reasonable force. Where do you go getting false imprisonment? If a guy breaks into your house, you're just going to let him walk away? The burglar waived his basic human rights when he decided to violate the OP's rights.
I'm also calling bullshit on this though because I'm pretty damn sure that you need to be served if you're being sued.
I normally don't wish ill on anyone, but I do truly hope someday that you face someone breaking into your house and threating your security and safety and then when something truly horrific happens such as your kids/significant other being crippled/killed/mentally scarred you will then wish that rather than upholding your bullshit "basic human rights" you would have done something. In the right conditions (i.e.: the person defending the home can't defend him/herself) this burglar would most likely do much worse than what was done to him and he isn't going to even begin to entertain the thought of rights.
The way it should be is people like you with your style of opinion on these matters needs to go away. There is absolutley no reason that I can't defend myself, family or home to the full extent of my abilities barring torture and the like, if anything this is the one true basic human right.
technically Chelss24 is correct.
and you can't waive your "basic human rights" just by violating someone else's rights... if you could do that, we would not be angry at Bushy for water-boarding war criminals.
violating someone else's rights can waive certain rights (i think, not sure), but it definitely cannot waive your basic human rights.
#59 - On 11/07/2009 at 6:38pm by notacceptable
He's lucky he wasn't killed for breaking into someone's home the homeowner had no way to tell whether the guy wasn't gonna hurt him so he defended himself . Yes this was totally avoidable if you don't want beat up or killed don't break into others homes .
Oh #37. *sigh* What was the OP supposed to do? Yell, "Hey, watcha doin?" and wait for the burglar to turn around and possibly come at him with a weapon? I don't think so. OP took measures to protect himself (and anyone that may have been with him). He punched him once or twice which, if you have a strong enough arm, can break a nose fairly easily, so it's not like the OP pushed him to the ground and beat him senseless. And it's a good thing that the OP did restrain him. Though the burglar had a broken nose, he still could have gotten up after the OP ran off to call the police and attacked him. Like a poster above me said - if you don't want to get beat up or killed, don't rob someone else's house. Simple concept, really.
The OP was protecting himself and I hope that he gets away from this case free and clear. I hope the burglar has to pay for his own damn broken nose and gets to deal with the healing process behind bars.
Of course he is going to punch him. He has to do it before the (possible armed) burglar attacks him.
Of course he has to subdue him with zipties, so that way the police can come and get him. It's a helluva more humane approach than knocking him out.
#131 - On 11/07/2009 at 9:21pm by Nofreakingway
ummm yeah, by doing inhumane acts i personally believe you give up some of your "basic human rights" and it might have only been one good lucky punch. But false imprisonment? if i ever have to subdue someone that could be armed that bitch is gonna be zip tied, duct taped, frisked, and if i find a weapon, ima scare the shit outta him and slap him around a few times for senselessly endangering my life and mental well being.... and then im gonna call the cops after i take out my own gun and load it in front of him and keep it cocked and aimed at him
Figure I'd reply to my own post so that it makes a bit more sense lol. A lot of replies seem to have shown that many people are in total disagreement with me, so point taken! I'm a law student so I have a pretty strong idea of what constitutes as self-defense and the proper measures of justice, but I'm also from New Zealand so I guess our perception of morals and justification is somewhat different.
Many states in the US have enacted laws (in the last 20 years or so) that protect homeowners from people committing a crime like B&E/Burglary on their property. As some have stated, in some states you can shoot anyone who unlawfully enters your home - and the suggestion for years was to kill them if you do this so they can't sue. But as many have said, he did nothing wroing. And to those who scream unlawful imprisonment -I'd agree if he kept him tied up for a few days. This was called "restraining until authorities arrived". The victim should get therapy for the trauma he's suffered from haivng someone break in and the fight that ensued. Claim PTSD or some other emothional distress and sue the guy civally for the PTSD and for bringing a frivolous lawsuit......though if he's a B&E artist, I doubt he has shit.
Justice - desicion in your benefit xP Sorry for this, our justice system sucks so hard... Same happened to one person here, someone tried to steal his wallet and he kicked his ass. Than he went on court and had to pay for his teeth...
In my opinion, if you pay the judge enough you won't be guilty no mather what you do...
Isn't there the equivalent of the Canadian defence of necessity that could protect you?
#42 - On 11/07/2009 at 6:20pm by Music_Gal94
I call bullshit, because when someone sues you you don't get a letter in the mail, the letter has to be delivered into your hand personally
#44 - On 11/07/2009 at 6:22pm by xx_irish_rose_xx
and we all love the fact that you can just run the hell away when you see the man in the black suit coming =)
#62 - On 11/07/2009 at 6:40pm by notacceptable
I'm not typing that whole thing again. My comments keep disappearing. In short w/r/t being served:
Not true in civil lawsuits.
If this comment remains, I may come back and fully explain it again.
Sometimes just saying that makes them magically reappear :]
I saw that other comment for a second, so I copied it. Here:
You don't need to be personally served in a civil case. Usually they send it registered mail and if that does not go through, they consider sending it to your official house address to be "served". If you didn't get your mail or whatever and fail to show for court you can actually have a judgment ruled against you that you will be held to or else they will start seizing your assets and garnishing your income. The magistrate will have no pity over whether or not you were properly "served".
Too many negative votes, comment buried. Show the comment.
Hmm...
Okay, yeah, the lawsuit agains the guy who broke into your house is just ridiculous, but the fact that you threw a huge-ass temper tantrum when you saw him, you totally deserved it :]
#45 - On 11/07/2009 at 6:23pm by failuristic
I hope something horrible happens to you and lets see how your opinion change when you go by the law.
temper tantrum? for all we know he could have been the most non-emotional person on the planet at the time. He could have had no emotion in him and just pure cool logic...like a vulcan
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If he didn't use physical force against you, then technically he has the right to sue you. Self-Defense can only be claimed when the robber in question held you at gunpoint or did any of the things that you did to him, and I'm guessing by the FML that he didn't, so he's not wrong for suing you, Chelss24 is correct.
#47 - On 11/07/2009 at 6:24pm by sightforsoreeyes
How do you know he meant no harm maybe he wouldn't hurt or killed him if he did'nt defend himself ? You weren't there .
Actually, depending on the type of law a state uses, someone that has broken into a home, is accosted by a resident, and approaches even after being threatened, is fair game for murder. They don't have to whip the gun out because their continued approach is sufficient proof of intent to harm.
If they're holding a conceivable weapon (even if it was just used for smashing open a door or window) they're not only fair game, you don't have to warn them that you'll kill them.
#100 - On 11/07/2009 at 8:05pm by Nakedsquirrel
What if someone jaw walks? They clearly are showing no care for the law. How can you know they won't hurt you? You should shoot them! (end sarcasm)
There needs to be more of a middle ground. It's no good to shoot all intruders (sorry, Texas), and it's no good to sue people over non-lethal damage when they break into someone else's property. If it's reasonable defense, it should not be something one can sue over. I applaud the OP for restraining the robber with zip ties. Punching him while he's down (from being tackled) sounds like a bit much. If you break someone's face and they didn't show any intent of attacking you, that sounds excessive. I'd leave it for the judge/jury to decide what counts as excessive in my non-existent world :P
#121 - On 11/07/2009 at 8:45pm by silvermoonstar3
Its called King of the Castle. A lot of U.S. states have self-defense laws where you may use physical force to repel/capture intruders insider your home. You may even kill them in some situations without having to try and retreat because it's your home and it's presumed ner' do wells can't drive you out.
Even without that law, I can't think of any state that would penalize a guy for preemptively striking and detaining a person breaking into his home just because he didn't wait to see if the guy had a gun or not. I think neutralizing the threat right off and calling the police was actually quite reasonable.
#144 - On 11/07/2009 at 9:56pm by molacolacake
Um...maybe because tackling someone does jack shit? The punch was likely to get the robber knocked a bit silly so the OP would have enough time to get him restrained properly. Or something along those lines.
#190 - On 11/08/2009 at 3:42am by BLNovelist
Yep...Should've put 2...or several in his chest for being in your home. Then your good, no lawsuits. He was in the house it was dark, and he said he had a gun, and ya shot em dead. End of story. :) But no, you're an idiot.
Ydi for not shooting him!!
Dead men dont sue!!!!
I hope this case gets thrown out as its obviously frivolous!!!!
#55 - On 11/07/2009 at 6:36pm by Cristaderzi
Total BS post as far as facing assault charges. You have a right to protect your property in robberies and police won't pursue charges against you.
#61 - On 11/07/2009 at 6:39pm by dirtymfer09
should have used the zip ties on his neck. :)
pull them real hard and watch the turd struggle to breathe his last breath.
I hope you win, you did what you had to do, good for you :) good luck!! it sucks to see the system fail on something like that...
that is why i carry a firearm. shoot him then plant a knife. it works every time.
#70 - On 11/07/2009 at 6:52pm by ihate10mtn
correction: this only happens to people who arent staunch supporters of the second amendment. i myself and my family all have concealed carry licenses and i NEVER go anywhere with out my .45
if some1 had broke into my home and id caught them the last thing they wouldve seen would be a muzzle flash and me grinning
The law is that if you had acted in a way that a reasonable person would act. If he had a weapon, things would be different, but you didn't know and he didn't assault you first soo...sorry, bad luck.
You have a strange notion of what a reasonable person would do in that situation, and a strange notion of the reasonable man test in general.
#175 - On 11/08/2009 at 12:55am by SheriffBart
number 17 either doesn't live in America or he's living under a rock
#81 - On 11/07/2009 at 7:10pm by No_fyl_cuz_ydi
Pssh I would have knocked his lights out if i'd been you.
That really sucks =/
#82 - On 11/07/2009 at 7:12pm by BryonyBabs
I live in England where we have no personal protection rights and i would've killed the son of a bitch with my hands anyway, since i'm not allowed to carry a firearm either.
Sure i'd probably go down for it, but whats the point in being free if you arn't going to defend yourself and that freedom?
You did good man, i hope you win
Then take the bastard out with a 50'cal rifle :)
That's bullshit. Get a good lawyer and counter sue. There is a saying here in Montana "Somewhere out here in Montana is a deep, deep hole with somebody's name on it, and even the buzzards won't find it." You should have shot him and there wouldn't be any questions. Just make sure it's in the back. Oh, I meant nuts.
OOH sorry, I just feel reeeeeeallly bitchy tonight!
#85 - On 11/07/2009 at 7:27pm by flinkpamingo
You don't HAVE to pay for anything but an attorney, because he's just suing you. So get a lawyer, defend yourself, and counter-sue while you're at it.
And fuck all, don't listen to the nuts on either side. You were right to subdue and restrain him, and it would have been wrong to kill him, so good on you for not being one of THOSE people.
#86 - On 11/07/2009 at 7:29pm by FoundManyLemons
I would have just cut his nuts off. If you have sympathy for people like that, you DON"T want to come to where I live. We work too hard to get where we are in life to have some douchebag just help themselves. I don't mind sharing, but don't you dare touch my stuff that I worked hard to buy and then expect me not to be pissed off about it. Why don't these people just get jobs and buy their own stuff? Who ever says there are no jobs is lazy or lying, there is always something. McDonald's if you have to. Get some pride.
Dang it, still bitchy.
#88 - On 11/07/2009 at 7:32pm by flinkpamingo
When someone breaks into your house. You have the full right to protect it. You could definitly counter sue. Oh and to #87 the guy might have been unconsious.
everyone has stolen or cheated the system at least once in their life. even if its a pen or pencil, or ordering water and leaving with a coke from mcdonalds. its stealing.
#90 - On 11/07/2009 at 7:47pm by ladiesman14
cops always come in to mcdonalds asking for free food. thats stealing thru official oppression. yet they will arrest and beat up kids for loitering there.
#94 - On 11/07/2009 at 7:49pm by ladiesman14
if he ends up winning.. go rob his house and sue him for some thing stupid.
#95 - On 11/07/2009 at 7:51pm by inssain
Well that is a bit much. Just scaring him away and calling the cops would be enough. It's not like he was threatening your life. Sorry, but YDI.
what is he a squirrel? you clap your hands and yell and it'll get scared away? and you have no idea if the robber had a gun or not so that is life threatening.
#116 - On 11/07/2009 at 8:43pm by fieldhockyluva24
Too many negative votes, comment buried. Show the comment.
1) That's a really long username
2) Sorry, but YDI. That was a little too much. You should've just scarred him away and called the police. That only time what you dd would've been acceptable would be if he were a threat to your life, which, from your description, I doubt he was.
I agree! I mean come on, call the cops and let him run away? What if he happened to have diamond rings or other jewelry stashed in his coat and just ran off with it while OP twiddled his thumbs waiting for the police. He would never see that stuff again and more likely the intruder would never been caught and would go on to do it again and again. At least OP had the sense to restrain him thus preventing the criminal from committing future crimes. And no force was not excessive. Excessive would have been to then when hes down and bleeding take a chair and bash him to death with it.
You are likely to have a lot of evidence on your side . . . for that matter, you could even win without a lawyer!
I'm a proponent of human rights, but you have to be realistic here...
If you opened your door one day to see a random guy stealing your shit, what would YOU do? I would want to knock him out, too. And you know, maybe he did break the guy's nose, but at least he used non-deadly force.
Sucks, OP, that you've got to get a lawyer, but unless you did more damage than the situation called for, you should be fine. Now, if it was just an "uninvited" person - like if you left your house unlocked - and not unlawful, then it's your fault.
if someone even trys to enter your house without permission you can shoot them if you feel you are in danger or your family is in danger.(California law) so technically a broken nose and restraints aren't over kill if you were fearful of great bodily harm or death. just hope you didn't beat him while he was down then that's excessive force.
#104 - On 11/07/2009 at 8:14pm by lotsologan
Too many negative votes, comment buried. Show the comment.
Uhhh, he lives in Wisconsin genius.
And one of the amendments says if you hurt someone while they're breaking into your house, they're allowed to sue. Stupid I know. But I learned that in 8th grade, so the OP totally deserved it. Way to pay attention in history class dude. :P
#105 - On 11/07/2009 at 8:20pm by dani_fizzle
Yes because when i walk into my house and see a burglar entering I am going to stop and think "oh wait.... did my 8th grade history teacher say I can or can't defend myself."
in the words of weird al yankovic:
"if I sprain my ankle
while I'm robbing your place
if I hurt my knuckles
when I punch you in the face
I'll sue ya"
thats why you get a knife let him take the knife from you and then smash his head with a baseball bat gotta love the usa and there you break in to my motherf-ing house and threaten me with a weapon then i can kill you whill defending my mothf-ing house motherf-cker
#110 - On 11/07/2009 at 8:35pm by Mylife_is_so_fd
Shit like this makes me mad. The law says that you can use a non lethal wepon to subdue someone who breaks into your house so this should be laughed out of court. If not I have lost all hope in the American justice system.
#113 - On 11/07/2009 at 8:39pm by missbrunettgirl
seriously American need to change thier lawsuit a little.
#115 - On 11/07/2009 at 8:41pm by blackberry1993
why would it be assault and not battery. your full of shit
#117 - On 11/07/2009 at 8:43pm by Gilligans
there's no way that will stand up in court. all you have to do is find some trace of him in your house and your set
#118 - On 11/07/2009 at 8:43pm by hXcsoccerplaya
OP dont even get a laywer dont waste the money just go and show up for the court date the court will say some shit then put yourself on the standa nd be like uh yeah this mofo broke into my house its his own problem and the court will tell the other guy to gtfo and stop wasting there time
#120 - On 11/07/2009 at 8:44pm by Mylife_is_so_fd
Should have killed him. This is why you need a firearm. Next time, two in the chest, one in the head. No lawsuit.
#129 - On 11/07/2009 at 9:17pm by sergeimosin
Too many negative votes, comment buried. Show the comment.
I'm gonna go ahead and say your full of shit. This didnt happen
#133 - On 11/07/2009 at 9:30pm by dixiehighway
What a backwards world we live in, huh?
And for those who are saying it isn't true, trying living in America for a day.
no you can't. If someone breaks into your house, you cannot touch him unless he approaches you and attacks you first. Learn the legal system. That's what I'm doing.
#170 - On 11/08/2009 at 12:39am by Leon_S_Kennedy
I've known people here in Maine that have actually shot intruders and gotten away without any charges. My own house was being robbed and my neighbors held the man up with shotguns until the police arrived, and there were no charges. New Hampshire is the "live free or die" state, so stuff like that is even more likely. Guess you just have to find a state that isn't full of whiny preachers talking about the "human rights" of low-life thieves and crooks.
We don't have to appreciate the rights of people who forsake theirs for a life of crime. If you choose to steal and ruin people's lives you deserve to be harmed, and rot in jail. I've had my house robbed four times, and it sucks every single time. And if I had caught the bastard in my house, I would have shot him. Honest people work hard enough to earn a living, and now we have to respect these leeches who are like a plague on the hardworking? No. They lost their rights as soon as they decided that mine weren't worth bothering with.
#140 - On 11/07/2009 at 9:45pm by Chicostick
Texas isn't the only state with Castle laws. Most states have what are known as Castle or Make My Day laws. Pretty much, if someone unlawfully enters your house or property and you have reason to believe that they pose a threat, no matter how minor, to you, your family, and/or your property, than you are allowed to use physical force, including lethal force, to prevent it. With everything, however, there are exceptions. While some states, such as Arizona and Texas, have Stand Your Ground laws, meaning that you can shoot a bitch as soon as you become aware of an unlawful presence in our house or property. The Castle laws of other states, like Colorado or Maine, you can only use force if someone is illegally in your house. And again, the Castle laws become more modified in states like Hawai'i, where an occupant of a home is required to retreat as far as you can to an exit, and if you can't safely leave your house, THEN you can use force. And then there are the states, and I'm fairly certain that Wisconsin is one, that has Duty to Retreat laws. These laws generally say that you need to get out of the house. Screw your property and family.
I am personally a big fan of Stand Your Ground laws. I have a big problem with Duty to Retreat, mainly because of a case my friend was telling me about. I don't remember what state it was in, but the whole thing disgusted me.
A woman was at home alone one night, and a man entered her house. He told her repeatedly that he was going to rape and kill her, and she ran to her bedroom and grabbed her shotgun. At least I think it was a shotgun. He kept approaching her and she pointed her weapon at him, and told him that if he took another step than she would put a hole in his chest. He kept walking toward her, and she shot and killed him. She called the police, they arrived, and arrested her for murder. She was arraigned for the murder of her would-be rapist and murderer because she did not run to her basement, which she could have locked and stayed safe, according to the prosecution. I don't remember, but I think that she was found guilty.
OP. I'm sorry. The whole thing sucks. I think that you were perfectly justified, and I hope that the jury thinks so, too. Litigation really sucks. I would say that about 95% of all civil lawsuits are bullshit.
However, the plaintiff is going to have a REALLY hard time trying to convince the jury that you assaulted him without provocation and that he is merely an innocent victim.
By the way, congratulations on breaking his nose!
#183 - On 11/08/2009 at 2:10am by hot_mess88
Murder requires malice or intent. She obviously didn't have either. So either this is a load of crap, or she's an idiot for succumbing to such a horribly pieced-together accusation.
#186 - On 11/08/2009 at 3:04am by NumberZine
She intended to kill him when she shot him. Intent.
And I'm sorry, but if some guy threatened to rape and kill me, in my own home, no less, I would empty my mag in his chest, spit on him, and dance over his corpse while on the phone with dispatch. Malice.
But you are forgetting that in the States, there are different degrees of murder.
Generally, first degree murder includes malice and intent to kill.
Second degree is usually a charge when one is engaged in another crime and kills someone in the process.
Third degree is an unintentional homicide, for example, when one means to harm someone else, but ends up killing them.
Of course, different states have different statutes.
But regardless, the definition of murder is a homicide, that may be intentional or unintentional, that may be premeditated, or possibly collateral damage, and could quite possibly be malicious. It's an incredibly loose word...
#195 - On 11/08/2009 at 5:53am by hot_mess88
It wont stand in court. He was trespassing on your property, therefore you had the right to defend yourself.
#143 - On 11/07/2009 at 9:56pm by heatherfeather
well....if the robber wins the case....then punch him square in the face right then and there. And then sue him because you hurt your hand punching him in the face. :P
Well, that sucks, but he's gonna have a hell of a time making that fly in court. His case is so much empty bloat. You shouldn't have any problem with your self-defense plea, not to mention the trespassing and attempted larson charges you ARE going to file against him.
#146 - On 11/07/2009 at 10:11pm by blastvortex
That's why I own so many guns. Anyone who breaks into my house will promptly have their brains splattered on the wall so they won't be able to sue.
Thats why you make sure you kill the person. If they're dead, they can't sue. And if they're dead, they don't have a side to the story. Its just your story and the crime scene.
#148 - On 11/07/2009 at 10:16pm by RuralNinja
Dude, you just can't do that. You have to just tell them that he was the one who robbed your house, and you would be done. As far as they know, the only reason that you tackled him was because he was suing you. That's not cool.
#151 - On 11/07/2009 at 10:24pm by whatsisface
If it was wrong for the OP to do what he did, that means it was wrong for America to preemptively invade countries that supposedly MAY have hidden WMD's.
those two aren't even remotely related you freaking gabode.
#199 - On 11/08/2009 at 8:21am by Gregiscool
That's going to be a circus of a case.
"Plantiff, explain what happened"
"Well, I was breaking into the defendant's house"
"Wait, what?"
"I... ummm... I was..."
"I think we're done here."
ok fools, enough with the u shoulda called the cops, u shouldnt have puched him, blah, blah, blah.
i dare any one to try to rob my place and think they can get away with it, they will get a bat to the head if they think they could just to that.
sure ill go down for it, rather go down for beating the guys head in then him suing me for a lil broken nose
so fuck all you that are scared to handle your shit pussies, thats how you get killed.
ftw
NC you have to warn intruders before using any force against them. The warning intruders get here.. the wracking of a slide as I chamber a round. Dead men don't sue.
as someone who just went through that exact same thing the only thing(s) you can do is: nothing or make sure there's only one side to tell. *shrug* it is what it is.
all those that say he souldnt have punched him blah blah blah. what the hell are you gona do? ask him to please nicely leave. you fucking pansies!!!!!!!!!!!!!!!!!
id go for the nearest kitchen knife and chase after that fucker till i get him in the back (yes apparently if you attack with his back turned the law sees it as he was not advancing toward you so you attacked), after that i'd flip him over and stab him in the chest to say he charged at me.
#174 - On 11/08/2009 at 12:54am by stone_light
this is why when someone breaks into your house, you kill them. dead men tell no tales. and they can't sue.
#177 - On 11/08/2009 at 1:05am by legendofdon
Sigh. No you don't have to pay for that shit. I assume since you wrote that that you got the letter today, that you haven't gone to court yet. He THINKS he's going to win the suit, but he's not. He broke into YOUR property, and you had no other choice but to defend yourself, as well as make a citizen's arrest. You will win your case. I've seen this happen many times, where the bad guy thinks he can get out of whatever he did by turning it around, it very very rarely works.
#178 - On 11/08/2009 at 1:20am by JessiGoose
+1. It doesn't take much to get a civil suit into court in this country, but it takes a lot to win one. He's got no shot and you're going to get to see the judge yell at him a bit
Except it may not have happened today. If you look at other FML's, you'll notice that they ALL start with 'Today'. The rule for submitting an FML is that is has to start with 'Today", meaning that this could have happened a week ago, or a month ago.
#200 - On 11/08/2009 at 8:27am by Mr_Sharkings
Like I said before, you should of killed him. He can't sue if he's laying in a casket.
#182 - On 11/08/2009 at 2:03am by DeathShad0
So? Counter-sue him for breaking into your house. He's got no case, and you'll get a civil judgment against him in addition to his criminal charges.
#184 - On 11/08/2009 at 2:27am by Kristoffer
That's what I hate about the 'justice' system. It's so fucked up that it's mainly protecting the crooks. I mean you get charges for breaking into a house? How about charges of burglary first?
This is a reason why you should familiarise yourself with the law :P
#189 - On 11/08/2009 at 3:28am by purple91
OP, i agree with you. If someone busts in your house intending to steal shit, you are allowed to defend your property. There are some damn fine doctors who can fix his nose as new, but nobody is returning your money if your tv gets stolen (unless you are properly insured).
I like your nick tho ;)
FYL
Sort of...they must be in your house. If you shoot 'em on the porch in CA, you're screwed. Used to live there - was told that by a cop. He actaully said, wait until he enters and make sure he's dead. Strange world we live in some days.
lawyers are the downfall of america and frivolous lawsuits like this are a drain on the tax-payers. This case should never have even made it into court and now we have to pay for some lawyer to twist the truth so a burglar can make money off of you. Thats messed up. Some people don't deserve to get to live in America.
It'll never stand up in court if you live in a state with any kind of Castle Doctrine.
#201 - On 11/08/2009 at 8:30am by ObadiahtheSlim
Too many negative votes, comment buried. Show the comment.
Sorry, but you deserve to be in trouble - what is WRONG with you? You have no right to treat a person like that, I hope you spend time in jail.
#202 - On 11/08/2009 at 8:42am by TryToBeKind
You can sue anyone for anything. You just need a judge who won't throw it out of court and a lawyer willing to take it to court.
The fact that cases like this get through is complete crap. He broke into your house, you have every right to beat the living shit out of him. I'm tired of this liberal bullshit. How the hell can they possibly provide a defense for that? By breaking in he was threatening your property and your saftey, and you have every right to defend it. I'm losing all faith in humanity with this bullshit. Seriously, appeal that. You dont need to pay for that crap.
That's pretty shitty! Get yourself a good lawyer and counter sue him for court costs and hurting your hand on his face. Good luck!
#206 - On 11/08/2009 at 9:32am by popemichael
Only in America.... that's fubar that something like that actually makes it to court
#207 - On 11/08/2009 at 10:04am by Canadian242
Fail.. this is fake, you probably mimicked this off of Boston Legal...
#208 - On 11/08/2009 at 10:22am by Starsmydog
So...he still intends to rob you, only legally, now? A persistent one...I hope you beat him again, now in the court. OP, this story must have been resolved by now. Tell us how it ended!
