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If you catch someone trying to break into your car and hit them in the head with a bat, can you get sued?
A friend of mine is being sued for this.
A thief tried to break into his car a month ago late at night with a crowbar. My friend was still awake, came out of his house, and hit the theif in the head with an aluminum bat. The thief went into convulsions and is claiming permanent brain damage.
How can my friend possibly be sued for this if this guy was trying to steal his car?
Unfortunately this falls under the category of "Premises Liability", which means that if someone is injured on your premises then they can sue. However, many states look to the legal status of the injured person, the trend is toward distinguishing only between those lawfully on the property (invitees, social guests, licensees) and those on the property illegally (trespassers).
What your friend should do is counter sue for attempted burglary. In this case it is highly unlikely that your friend will lose.
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