# Burgler falling through skylight... **URL:** \ **Category:** Factual Questions\ **Created:** [November 20, 2004, 10:53am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820 "2004-11-20T10:53:44Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [November 20, 2004, 10:53am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/1 "2004-11-20T10:53:44Z")
and then suing the owner for damages _and wins_… We’ve all heard this right? But did it ever really happen? And if it did, what legal reaoning could there be? (skylight not up to code??) ---
**Author:** ![Desmostylus](https://avatars.discourse-cdn.com/v4/letter/d/c57346/32.png) [@Desmostylus](https://boards.straightdope.com/u/Desmostylus)\ **Post date:** [November 20, 2004, 11:12am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/2 "2004-11-20T11:12:04Z")
> [@](#): > > [‘McDonald’s Coffee Lady’ not a symbol of litigious society > WILLIAM HALTOM AND MICHAEL MCCANN](http://www.ups.edu/polgov/article/haltom1004.htm) > > **The Burglar through the Skylight** > > The movie “Liar Liar” recycled the yarn about the burglar who fell through a skylight and sued the homeowner over his injuries. This widely circulated legend originated in Redding, Calif. A 19-year-old went on the roof of the high school where he had graduated. He fell through a skylight that had been painted over and was left a quadriplegic. After another student had previously fallen through a painted-over skylight at a nearby school, the Redding school contracted with a local concern to board over the skylight to prevent such accidents. Because the Redding school knew of the danger for months without getting the skylight fixed, the school settled with the youth. When President Reagan lamented that a jury had awarded the money to a burglar, he invented the jury and treated a trespasser as a burglar. – ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [November 20, 2004, 11:37am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/3 "2004-11-20T11:37:18Z")
Similarly, in Ireland there’s a similar tale/legend about trespassers using someone’s pool. One trespasser dives into the shallow end, breaks their neck, and successfully sues the pool owner for not having a warning sign. Haven’t been able to google anything up regarding that, but I did find [this](http://www.swlearning.com/blaw/cases/real/0701_real_01.html) story, which holds that " A landowner owes no duty except to refrain from willful, wanton or reckless conduct which is likely to injure a trespasser. However, the duties of care owed to children are different from duties owed to adults." ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [November 20, 2004, 1:44pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/4 "2004-11-20T13:44:06Z")
You might also look at several similar cases examined by [snopes.](http://www.snopes.com/legal/lawsuits.asp) ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [November 20, 2004, 5:16pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/5 "2004-11-20T17:16:36Z")
This is precisely why I have upended pointy sticks under all my sky lights. ---
**Author:** ![aahala](https://avatars.discourse-cdn.com/v4/letter/a/a88e4f/32.png) [@aahala](https://boards.straightdope.com/u/aahala)\ **Post date:** [November 20, 2004, 5:35pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/6 "2004-11-20T17:35:08Z")
I have personal knowledge of this – because my friend was one of many sued by the heirs of the deceased. My friend lives in town at the end of a “T” intersection. In the middle of the night, two individuals get into some kind of argument and a high speed car chase results. The lead car acrosses through the “T”, goes airborne, striking my friend’s house several feet above groundlevel and the occupnat of the first car dies on impact. Both drivers were drunk, driving recklessly and one or the other had a criminal arrest warrant outstanding. This didn’t stop the heirs from sueing my friend, the city, the highway department and several others. After more than a year, the court deleted my friend as a defendant, but he had to retain legal counsel till then. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [November 20, 2004, 7:13pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/7 "2004-11-20T19:13:17Z")
Well, I used to work with a former Carpinteria, CA PD officer who firmly maintained that there was a case once in Santa Barbara, CA wherein a burglar slipped on a bath mat, was injured, and successfully sued the owners of the house for damages. To this day I am still a little skeptical about this, but it may very well be true. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [November 21, 2004, 1:19am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/8 "2004-11-21T01:19:29Z")
> [@moriah](#): > > This is precisely why I have upended pointy sticks under all my sky lights. While intended humorously I assume, why wouldn’t this be considered similar to setting a trap for a burglar, for which you could be held liable? ---
**Author:** ![I\_can\_t\_believe\_that\_s\_butter](https://avatars.discourse-cdn.com/v4/letter/i/8edcca/32.png) [@I\_can\_t\_believe\_that\_s\_butter](https://boards.straightdope.com/u/I_can_t_believe_that_s_butter)\ **Post date:** [November 21, 2004, 2:45am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/9 "2004-11-21T02:45:17Z")
> [@Peter Morris](#): > > You might also look at several similar cases examined by [snopes.](http://www.snopes.com/legal/lawsuits.asp) The October 1998 case was reported during a “weird-but-true news” segment on OETA’s (PBS) “Tulsa Times” some time ago. Thanks for the link; I’m reassured now. ---
**Author:** ![marky33](https://avatars.discourse-cdn.com/v4/letter/m/e495f1/32.png) [@marky33](https://boards.straightdope.com/u/marky33)\ **Post date:** [November 21, 2004, 8:52am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/10 "2004-11-21T08:52:41Z")
There was an incident a few months back here in Hong Kong in which a woman attempted to commit suicide by jumping from a tall building, only to be thwarted by falling onto a car - which was parked in a no-parking zone. Both parties are suing each other and, IIRC, as part of the woman’s problems included poverty, the hope of winning a lawsuit has given her something to live for. ---
**Author:** ![Askia](https://avatars.discourse-cdn.com/v4/letter/a/96bed5/32.png) [@Askia](https://boards.straightdope.com/u/Askia)\ **Post date:** [November 21, 2004, 9:09am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/11 "2004-11-21T09:09:20Z")
> [@samclem](#): > > While intended humorously I assume, why wouldn’t this be considered similar to setting a trap for a burglar, for which you could be held liable? **Sam** ’s right. Better shoot the burglar in the head execution-style, too, ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [November 21, 2004, 6:16pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/12 "2004-11-21T18:16:30Z")
> [@samclem](#): > > While intended humorously I assume, why wouldn’t this be considered similar to setting a trap for a burglar, for which you could be held liable? IANAL. I remember a case in NYC where a shop owner set up a death trap for burglars. That was considered criminal to do so. I don’t know about non-lethal traps. Of course, on can sue over anything. Whether one will win and whether that thing you’re suing over is criminal or not… iduhno. Peace. ---
**Author:** ![Eats\_Crayons](https://avatars.discourse-cdn.com/v4/letter/e/278dde/32.png) [@Eats\_Crayons](https://boards.straightdope.com/u/Eats_Crayons)\ **Post date:** [November 21, 2004, 6:43pm UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/13 "2004-11-21T18:43:56Z")
> [@moriah](#): > > IANAL. I remember a case in NYC where a shop owner set up a death trap for burglars. That was considered criminal to do so. > > I don’t know about non-lethal traps. In most juristictions even non-lethal booby traps are illegal. A former co-owrker of mine got fined. Someone had tried to break in her car by sticking thier fingers under the rubber at the top of the driver’s side window and pulling the window down by force. She had razor blades imbedded in the rubber. She called the police to report the attempted theft when she saw the streaks of bloody fingerprints down her window and got herself in Big Trouble. **aahala** Glad to hear that your friend got removed from the list of defendents. Typically, lawyers will _file_ to sue _everybody_ across the board knowing full well that many of them will get removed from the list of defendents. It’s more or less an automatic kind of thing because there can be issues with adding people later on – so lawyers try to make sure they get everybody on the first go. You’ll see that happen a lot with hospital malpractice suits. They’ll practically name every employee who clocked into work that day. ---
**Author:** ![NinetyWt](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@NinetyWt](https://boards.straightdope.com/u/NinetyWt)\ **Post date:** [November 22, 2004, 8:18am UTC](https://boards.straightdope.com/t/burgler-falling-through-skylight/275820/14 "2004-11-22T08:18:34Z")
This reminds me of an incident in Natchez or Vicksburg, where a new buisiness owner was having the antique building renovated. The workers came across an old chimney. Inside was the dessicated corpse of a guy who had tried to break in and fell headfirst into the chimney … and couldnt’ get out.