Who is at fault if you leave your door wide open?

I have been having a argument of sorts with a few friends lately about this question. If you leave your door wide open and unlocked are you responsible if someone comes along and steals anything inside?
COmmon sense would say yes you bear soem responsibility correct? but for some reason my friend insist that no they are not at fault period.

What is your opinion on this question ATS?

a reply to: yuppa

The person who steals is at fault.

What if you only lock the door and don't deadbolt it.
What if you deadbolt, but don't set the alarm?
What if you set the alarm but don't hire a personal security team to patrol?

No.

If someone breaks into your home, they do just that. Doesn't matter if the door is open. I walk by my neighbors quite often and their windows are open.

If someone were to break in through that window and blame the homeowners for it I would raise Hell.

Off topic but this reminds me of how people blame someone who was raped for being raped as opposed to the person doing the raping.

But then again I've read suits regarding people being imprisoned for killing intruders/burglars.

Specifically - I remember a guy whose house was broken into and the thieves had some sort of flash/stun (all caught on camera) and the homeowner made quick work of them.

He was charged with two counts of manslaughter. In Amerikkka - if you kill an intruder, YOU are the one in the wrong.

a reply to: yuppa

This is a matter of perspective. Leaving your door unlocked or even open is not a harmful action. Stealing from that house because you saw the opportunity is a harmful action. I can't help but think that the Blaim would lay with a thief and not with the relaxed property owner.

However everybody knows you got to lock your # up or else it's getting stolen.

a reply to: yuppa

No one has the right to trespass on your private property even if you leave your door open. They don't even have to cause any damage or steal anything, and it is still a violation of civil law.

originally posted by: RomeByFire
No.

He was charged with two counts of manslaughter. In Amerikkka - if you kill an intruder, YOU are the one in the wrong.

Depends on the state law.

What if you lock the door and set a trap and kill the burglar? Who is at fault?

a reply to: yuppa
It depends on what kind of responsibility you are talking about.
The thief is morally and legally responsible for his own actions. In the sight of God and the courts, the open door is no excuse.
If the stolen item was not your own property, or if it was insured, then the real owner and/or the insurance company are entitled to hold you partly responsible for its loss.
If the loss was entirely your own, then you should kick yourself, which does not take away your right to kick the thief as well.

P.S. I've just seen your John Podesta example. That looks like a case of "negligence causing the loss of someone else's property", in the sense that damage was done to the Democrat party.

originally posted by: DBCowboy
a reply to: yuppa

The person who steals is at fault.

What if you only lock the door and don't deadbolt it.
What if you deadbolt, but don't set the alarm?
What if you set the alarm but don't hire a personal security team to patrol?

Ok so you wont take any responsibility if they DONT BREAK IN and just WALK INSIDE and walk out with something? This would not had Happenned IF you locked the doors correct?

I mean Literally leaving your door open/unlocked. No B and E needed. BOTH the owner and the Criminal are at fault in my opinion.

The reason I ask this question was in response to a reply ABout John podesta leaving his phone in a cab. I said HE was at fault for not watching out for his Phone. Its th e same Principle.

Not your fault, common sense though should come into play..IE lock your sh@t up.
Remind's me of the saying, "don't be a victim".

originally posted by: pteridine

originally posted by: RomeByFire
No.

He was charged with two counts of manslaughter. In Amerikkka - if you kill an intruder, YOU are the one in the wrong.

Depends on the state law.

I just find it to be sickening. I remember going through all the information at the time and being provided the video and I just have no idea how any rational human being could lay the blame at the man defending his life from those who broke into his home.

I guess he should have just let them kill him.

What if your hall way is where you keep your snake pit and the doors unlocked and an intruder opens the unlocked door and falls into the pit and gets wrapped up and suffocated by your hansom boa constrictor collection.

Is that manslaughter? Or just a very stupid opportunist showing why you dont trespass where you should'nt be?

originally posted by: Nickn3
What if you lock the door and set a trap and kill the burglar? Who is at fault?

According to the law th ehomeowner for setting a booby trap. lol.

originally posted by: Nickn3
What if you lock the door and set a trap and kill the burglar? Who is at fault?

Deadfall traps are illegal. The person who set the trap is liable. He has no defense as he risks death of anyone, not necessarily a burglar, without being threatened.

Its the house holders fault certainly, but i do remember my mum telling me as a child of the 1950's in the UK that the only thing you kept locked was the coal bunker as generally you didn't have enough to steal.

She even said that ammo was worth more than the effort in those days normally as people did have guns but it was for generally getting rabbits and other meat and my grandad was a very good guy who could actually get close enough to a rabbit etc to grab it to save money.

He did during the war walk to work over fields as he did shifts etc and would bag the odd bunny with his dads ww1 pistol but as i said the cost of ammo made it rather and expensive thing

originally posted by: vonclod
Not your fault, common sense though should come into play..IE lock your sh@t up.
Remind's me of the saying, "don't be a victim".

Ding. Yes not being a victim is personal responsibility to a T

You're only responsible for the action of leaving your door unlocked. The person who steals is entirely responsible for the theft itself, since an unlocked door does not naturally or inevitable compel someone to steal. To think so betrays a seriously misinformed view of what guides human action.

On the other hand, the only person who's truly been harmed in this case is the perpetrator. You can only be harmed by your own wrongdoing, not anyone else's. Whatever was stolen is just an object and nothing more. It would be almost equally as bad for the victim to make a big deal out of it, because it betrays an undue attachment to possessions.

originally posted by: RomeByFire

originally posted by: pteridine

originally posted by: RomeByFire
No.

He was charged with two counts of manslaughter. In Amerikkka - if you kill an intruder, YOU are the one in the wrong.

Depends on the state law.

I just find it to be sickening. I remember going through all the information at the time and being provided the video and I just have no idea how any rational human being could lay the blame at the man defending his life from those who broke into his home.

I guess he should have just let them kill him.

You mean th eold man who maimed the burgulars bodies using more shots than needed?

a reply to: Talorc

Yes. So you see the owner is partially responsible. That makes more sense than just saying its all the crooks fault.

I mean Literally leaving your door open/unlocked. No B and E needed. BOTH the owner and the Criminal are at fault in my opinion.

Crossing the threshold is Breaking and Entering, even if the door is open.

edit:

Might require something such as pushing a door in some places.