[net.legal] Victim liability - Assembly bill AB 200

jeff@wjvax.UUCP (Jeff Albom) (05/06/85)

This item was found in the editorial section of the San Jose Mercury News
on Monday May 6.  It speaks for itself although I am not positive of the
validity of the statements or the incidental consequences of the bill
AB 200.
  
   

>Current state law permits a criminal - trespassing on private or public
>property to commit murder,rape,burglary or some other felony - to sue the
>owner of the property for damages if he, the criminal injures himself.
> 
>That's the law, and it's being used to extort hundreds of thousands of 
>dollars from innocent property owners to compensate criminals who injure
>themselves while in the process of committing a crime!
> 
>Even more outrageous has been the behavior of the legislators of the   
>Assembly's Judiciary Committee.  Almost every year since 1979, this 
>committee has killed proposals to put an end to this "welfare for criminals."
>  
>Why?  Perhaps because the California Trial Lawyers' Association has poured
>more than $300,000 a year into legislator's war chests.  And CTLA members
>make huge profits on lawsuits.
>   
>Assemblyman Alister McAlister is trying again, this year, with a bill
>(AB 200) sponsored by the California Farm Bureau Federation and ACTIV
>(Alliance of California Taxpayers & Invovled Voters) to end property
>owner liability to criminals.
> 
>Readers who believe innocent bystanders should not have to pay to be 
>victims of criminals should write their legislators and urge them to get
>behind AB 200 and make sure it passes this year.
  
*** The standard disclaimer applies to this article, myself, my company
    and my pet dog Spot.***

jeff@rtech.ARPA (Jeff Lichtman) (05/12/85)

> This item was found in the editorial section of the San Jose Mercury News
> on Monday May 6.  It speaks for itself although I am not positive of the
> validity of the statements or the incidental consequences of the bill
> AB 200.
>   
> >Assemblyman Alister McAlister is trying again, this year, with a bill
> >(AB 200) sponsored by the California Farm Bureau Federation and ACTIV
> >(Alliance of California Taxpayers & Invovled Voters) to end property
> >owner liability to criminals.
> > 

Does anyone know what type of criminal action on the part of the injured
would absolve the property owner from liability under AB 200?  Would the
crime have to be a felony?  Would the criminal have to be uninvited?

Imagine that some kid sneaks into my back yard to set off firecrackers,
and falls into my well.  Would I have no liability under AB 200, because
the kid entered my property to commit a crime?

Imagine that someone I invited into my home was carrying an illegal weapon,
and my rickety bookshelf fell on him.  Would I have no liability under AB 200,
because the injured party was committing a crime on my property?

I think that such a law should be written so that I would only be absolved
from liability if the accident wouldn't have occurred had the injured party
not been breaking the law.  Is AB 200 written this way?
-- 
Jeff Lichtman at rtech (Relational Technology, Inc.)
aka Swazoo Koolak

{amdahl, sun}!rtech!jeff
{ucbvax, decvax}!mtxinu!rtech!jeff

canopus@amdahl.UUCP (Frank Dibbell) (05/13/85)

> > >Assemblyman Alister McAlister is trying again, this year, with a bill
> > >(AB 200) sponsored by the California Farm Bureau Federation and ACTIV
> > >(Alliance of California Taxpayers & Invovled Voters) to end property
> > >owner liability to criminals.
> > > 
> 
> Does anyone know what type of criminal action on the part of the injured
> would absolve the property owner from liability under AB 200?  Would the
> crime have to be a felony?  Would the criminal have to be uninvited?
> 
  Assemblyman McAlister had proposed a version of this bill previously
  that was narrowed to denying the right to sue to those convicted of
  felonies.  It was killed in committee (S.J. News 5/7/85 p8B).

> Imagine that some kid sneaks into my back yard to set off firecrackers,
> and falls into my well.  Would I have no liability under AB 200, because
> the kid entered my property to commit a crime?
> 
  If the kid were trespassing, and you did not invite him/her onto your
  property, perhaps you wouldn't have any liability under AB200.

> Imagine that someone I invited into my home was carrying an illegal weapon,
> and my rickety bookshelf fell on him.  Would I have no liability under AB 200,
> because the injured party was committing a crime on my property?
> 
  Operative word here:  you *invited* him/her into your home.  That makes
  him/her a guest, and the fact he/she were carrying an illegal weapon
  would be immaterial.  (Unless you knew about it, then maybe you could
  be an accessory? :-) ).

> I think that such a law should be written so that I would only be absolved
> from liability if the accident wouldn't have occurred had the injured party
> not been breaking the law.  Is AB 200 written this way?
> -- 
  I believe that is the intent, based on the above-sited article in the
  paper.  I am hardly a reactionary, but when I heard about the young
  man in Redding who, while attempting to burglarize a High School
  fell through the skylight and successfully sued the city for failing
  to warn him that the skylight was unsafe, my blood boiled.  The kid
  got 260,000, plus 1,200 a month for life.

  It does seem, however, that the California Trial Lawyers Association
  has a vested interest in seeing that this law fails.

-- 
Frank Dibbell     (408-746-6493)                 {whatever}!amdahl!canopus
[R.A. 6h 22m 30s  Dec. -52d 36m]                 [Generic disclaimer.....]