Can A Burglar Sue Me?

We’ve all heard the story about the homeowner who gets sued by a burglar who got hurt, trapped, or shot while in the act of robbing the homeowner’s house. And while some of these stories are urban legends (see the True Stella Awards for the fake story of Terrence Dickson) the plain and simple fact is: It could happen.

A sad truth of the American legal system is that just about anyone can sue just about anyone else for just about anything, and unless you can prove that the suit was waaaay out of line and the person suing you actually has some money, you’re never going to get back the money you spent on lawyers to defend the suit. If a criminal’s lawyer has a novel enough theory about how you can be held responsible for the criminal’s injuries, you may even end up going to trial and spending thousands to defend the suit.

That’s where your homeowner’s policy comes into play. If you’re insured for accidents that happen on your property, then your insurance company is obligated to provide you with a lawyer or pay for a lawyer you and the insurer have agreed on. So, when you look it at it from that angle, your insurance protects you from burglars in two ways: helping to replace the items they steal, and helping you defend against law suits if they get hurt while robbing you.