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-   -   Can I sue a man that broke into my parents house for pain and suffering? (https://www.askmehelpdesk.com/showthread.php?t=501797)

  • Aug 25, 2010, 02:41 PM
    CHOPPEREMT
    Can I sue a man that broke into my parents house for pain and suffering?
    Someone broke into my parents home by breaking a window. While cleaning up the mess, my husband cut his wrist on the glass. He tore through the tendon and nerve. He is unable to work and has months of therapy to go through. Is there any way to sue the guy that broke into the house?
  • Aug 25, 2010, 02:44 PM
    JudyKayTee

    No. He is not the cause of your husband's injury. It would appear that your husband's injury was caused by carelessness or some other factor, not DIRECTLY by the person who broke in.
  • Aug 25, 2010, 03:56 PM
    CHOPPEREMT

    So there's nothing I can sue him for even though if he wouldn't have broke in, this wouldn't have happened. Would my parents be able to sue him for anything?
  • Aug 25, 2010, 05:48 PM
    JudyKayTee

    No. The injury was due to your husband's negligence. What injuries did your parents suffer as a result of the break in (dollar damages only).
  • Aug 26, 2010, 06:52 AM
    sideoutshu

    Well I think the question of whether the break in necessitated the cleanup is arguable, but it is probably moot.

    People who break into houses probably don't have any assets to take. You could sue him , but what would you get?
  • Aug 27, 2010, 04:59 PM
    CHOPPEREMT
    sideoutshu, so if I wanted to sue him, I could? Could you email me at {email removed} to give me more info?
  • Aug 27, 2010, 06:25 PM
    ScottGem

    Anyone can sue. The question is whether you can win. And then, if you do win, whether you can collect.

    So the first question is do you know who broke in? If you don't then why waste time and money? Now assuming you do know who the burglar is, it is iffy at best whether you would win. Now lets say you do win, do you really think a burglar has assets that you can attach? So now you have spent money for attorneys and invested time with little hope of even recouping what you have spent let alone getting compensation for lost wages and medical bills.

    You clearly have not thought this through.
  • Aug 27, 2010, 06:54 PM
    Fr_Chuck

    The parents can sue for the damage done in the break in, and the cost of repair, they can also sue for the value of the things taken.

    But?? So they sue, and even if they win, most criminals who are breaking in are broke, they have nothing, so what are they going to collect even if they win
  • Aug 28, 2010, 06:55 AM
    JudyKayTee

    Again - notice that the break in was to parents' house and OP wants to know if "I" can sue him for anything

    No. Assuming parents had homeowners, the damage has been covered.

    Hopefully sideoutshu will come back with more info.
  • Sep 1, 2010, 12:39 PM
    CHOPPEREMT

    Here's the thing. We do know whod broke in, and he does have assets believe it or not. And I have thought it through many many times. Why should we have to pay for his medical bills when the burglar is the reason he has them??
  • Sep 1, 2010, 12:55 PM
    ScottGem

    So get an attorney and file suit. Who knows, you may create a precedent.
  • Sep 1, 2010, 01:50 PM
    JudyKayTee
    Quote:

    Originally Posted by CHOPPEREMT View Post
    heres the thing. we do know whod broke in, and he does have assets believe it or not. and i have thought it through many many times. why should we have to pay for his medical bills when the burglar is the reason he has them???


    I already told you why - because the burglary was NOT the cause of the medical bills. Your husband's inattention, negligence and/or experience WERE the cause of the medical bills.

    I'm an accident investigator. I've seen this scenario before.

    BUT - I suggest - as Scott did - that you consult with an Attorney and come back and let us know what the Attorney says.
  • Sep 1, 2010, 09:52 PM
    twinkiedooter

    I doubt you or your father would win. The only way I would forsee anyone winning would be if (for instance) your father was standing by the window and the burglar broke the window and the glass cut your father right then and there and not some hours later while cleaning up the glass. Now that scenerio I see would work. Your scenerio doesn't work. It was carelessness on your father's end that caused his injury and not the result of the burglary.

    You could at the time the burglar goes to court ask the DA if they could somehow tack on your father's medical bills for the clean up incident that the burglar caused. That just might work. Ah, you DID file charges against him and had him arrested?
  • Sep 2, 2010, 07:20 AM
    twinkiedooter

    Husband, father either way SHE can't sue! And neither can they!

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