Judge Refuses To Award Compensation To Burglar

[hc4361]

This young man was dreadfully injured when he jumped on a skylight and subsequently fell through it but I think the judge made the right decision here:

http://www.dailymail.co.uk/news/article-3038306/Family-burglar-fell-skylight-fail-bid-sue-council.html

Do you think this could be the beginning of the end of the so-called compensation culture? It appears the family did not use a 'no win, no fee' firm and have to foot the bill themselves.

[naomi24]

Good. I hope it is the beginning of the end for unjust compensation.

[ummmm]

Correct decisions.

[hc4361]

I agree, naomi. We can only hope.
The downside, of course, is that this young man will probably have to be supported for life by the tax payer and the NHS. If he had won adequate compensation then hopefully that would have helped pay for the majority of his care.

[-Talbot-]

So that makes it twice that he didn't get any lolly!


Do you think this could be the beginning of the end of the so-called compensation culture?

I hope so.

[hc4361]

I really can't understand them trying to get compensation in these circumstances.

[ummmm]

Compensation should be rightly paid if someone else was at absolute fault.

[hc4361]

Oh yes, ummm. I totally agree with that but compensation for an injury caused by committing an act that breaks the law is not on.

[ToraToraTora]

no but it's the correct result in this case, thieving little *** should not have been there, not sure why his family thought it was sue-able.

[ToraToraTora]

The NHS should now sue his family separately for the medical costs.

[mikey4444]

I am surprised that a court case was allowed in the first place !

[douglas9401]

On the plus side, it show that the glass ceiling CAN be broken.

[Deskdiary]

Dredging the memory banks, but I seem to recall under the Occupiers' Liability Act of 1984 that a lower duty is owed to people not lawfully on premises (i.e, trespassers). I also seem to recall you aren't allowed to set 'traps', but anybody who overcomes obstacles to gain access, such as shinning up a drain pipe knowing full well they shouldn't be there, then they take their chances.

Like TTT I'm surprised anybody thought this action would be a success. If I were them I'd be asking the lawyers who advised them some very pointed questions!

[hc4361]

Maybe they didn't hire lawyers.

[zebo]

Will he be made to pay for the skylight he broke? Certainly think he should.

[retrocop]

As many others see this country as a "soft touch" and get away with it then perhaps this family thought they would jump on the gravy train.Seems like they fell off that one to.

[Mamyalynne]

I would have been so relieved that my Son was alive though damaged - I don't think claiming would have entered my mind.


Correct result.

[Bazile]

//He said he sympathised with Mr Buckett's family but ordered them to pay the council £150,000 in costs by May 4, with the total bill set to rise as high as £260,000 after the court makes a full assessment//

I'm assuming the family are not rich - so the council will not be getting any costs , or nothing anywhere remotely near 150k - so why bother awarding costs ?

Although i supoose , just in case they came into a fortune - like a lottery win

[Brenden]

Had to read it twice, the gaul of some people astounds me. He should have spent time in prison for attempted burglary and criminal damage then made to pay for any repairs - toughen up England.

[Canary42]

Not tough enough - should have had his hands cut off.

[andy-hughes]

This case is local for me - the school is a couple of miles from where I live.

I recall when my wife was Head of a local primary school and she enquired about installing razor wire on the tops of fences to discourage vandals, and she was advised that any injuries caused to trespassers could involve the school in a civil legal action.

The same scenario applies here, although I do struggle with the concept of protecting intruders against injuries.

It does appear though that when tested on this occasion, such protection was found to be invalid, and the family will not win damages from the local council.

I sympathise entirely with this young man's lifelong cost for his adolescent stupidity, but I am pleased that a marker has been put down that holding businesses responsible for not protecting intruders is not something that the law is willing to entertain, which has to be a victory for common sense.