Can Intruders Sue You for Fighting Back and Causing Personal Injury or Death?
Stories abound about burglaries gone wrong: the criminal goes into a home or business and discovers the property owner there ready to fight back using any means necessary. Cases like these happen across the country on occasion, and we sometimes hear stories of lawsuits brought against the property owner by the criminal. Are these stories for real? What happens when an intruder claims you caused personal injury? You may need a good La Plata criminal defense attorney in such a situation.
- CBS News reports that Samuel Cutrufelli kicked in the door of a house as a prerequisite to robbing it. Inside he found 90-year-old Ja Leone and ordered Leone to remain stationary while he searched for valuables. When Leone convinced his captor to allow him to use the restroom, Leon grabbed a revolver and pointed it at the intruder. Cutrufelli shot Leone in the cheek, and Leone emptied his gun on Cutrufelli. Both men survived their injuries, but Cutrufelli is suing Leone.
- Nigel Sykes forced his way through the back door of a pizzeria, gun in hand, preparing to rob the place. Employees tackled him and wrestled the gun away, then kicked, punched and poured hot soup on the intruder until the police arrived. Sykes is suing the employees for assault.
- David McLaughlin was sued after firing three shots at a fleeing burglar who’d set off a garage alarm. One shot hit the would-be burglar, who claims never to have actually made it into the garage, in the back of the arm.
- Gwendolyn Jenrette had a security system installed to protect her Florida home. When the system alerted her that there was break-in in progress, she rushed home and fatally shot a fleeing teenager. The family of the teen feels her actions were unjustified and want justice for the teen.
Justifiable Use of Force in Maryland
Under Maryland law use of force is justified–up to and including lethal force– when a person reasonably believes it is required to prevent serious harm to oneself or others. To be clear, the lowest level of force possible is required in any given circumstance. The Castle Doctrine allows anyone to use any level of force against an intruder deemed bent on committing a violent crime. Outside of this circumstance, the law requires one to retreat when outside the home if it’s possible to do so safely. Importantly, proportional force is expected in any situation, and deadly force is not justified to protect only property.
If it Happens to You
What could be more frightening than a close encounter with an armed intruder? Hopefully it never happens to you. If it does, and you wind up having to defend yourself, things could get complicated. The intruder may claim personal injury that occurred on your property or due to your behaviors. You will need a strong legal defense. At The Law Office of Hammad S. Matin, P.A., we know personal injury backward and forward. We will fight on your behalf. Contact us today for a free, confidential consultation.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gps§ion=3-524&enactments=false
