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law query

BennyLava · 2009-11-13 15:24:25

feel free to move if in wrong forum if a burglar injures himself on your property, and sues you, is there grounds for counter suing them for emotional distress of been robbed? In fact, if some one is convicted of committing a crime against you, is there grounds for claiming against them.

13-11-2009 3:24pm

#1

BennyLava

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Join Date: May 2008

Posts: 176

feel free to move if in wrong forum

if a burglar injures himself on your property, and sues you,
is there grounds for counter suing them for emotional distress of been robbed?

In fact, if some one is convicted of committing a crime against you, is there grounds for claiming against them.

0

Comments

#2 13-11-2009 3:39pm

TheZohanS

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Moved to Legal Discussion

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#3 13-11-2009 4:12pm

Reloc8

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BennyLava wrote: »

feel free to move if in wrong forum

if a burglar injures himself on your property, and sues you,
is there grounds for counter suing them for emotional distress of been robbed?

In fact, if some one is convicted of committing a crime against you, is there grounds for claiming against them.

Emotional Distress - no, unless a psychiatric injury within the meaning of that phrase in law is suffered - so not just shock/alarm but generally requires a diagnosed mental illness (broadly speaking). However, the act is a trespass amongst other torts and that is certainly a ground on which to sue, and the shock/alarm would be factored into any award of damages.

The answer to your second question is yes, if damage (financial) or injury is caused.

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