emeraldrafael said:
That the American Legal system lets a robber sue the owners of a home if they slip and fall and hurt themselves, because there is no railing (they can sue enough to get bail, and yes, it can happen)
http://pic.phyrefile.com/n/na/narf/2010/06/14/facepalm.jpg
The ultimate face palm
This bit is exagerrated, and the details can vary from state to state.
The root of the "issue" is that our laws prevent vigilantism. The idea being that two wrongs do not make a right, and just because someone is doing something illegal to you, does not mean you have the right to break the laws in dealing with them. A criminal does not become "fair game" and is still afforded legal protections, especially seeing as he's not a criminal until actually convicted no matter what is going on.
That pros and cons of that stance can be argued back and forth (and have been in classes I was in as a way of us sort of explaining the issue through discussion). That isn't the point of what I'm getting at here.
You, as a home owner, have an obligation to perform maitnence on your residence and are responsible for people that injure themselves on your property, even if it's due to negligence (like say not fixing a loose step).
You also do not have the right to place booby traps on your property, even with warning signs (and I think this is the case in all states right now). This derails arguements about how say a loose step is fine because anyone who belongs there would know about it, and how it makes a great security system. Actually trying to argue you didn't fix something for that reason could get you in more trouble.
Just because an intruder sues someone successfully for injuring themselves in a home, does not mean that they are released from their crime.
In cases where you have heard about someone getting a worse penelty than a burgler because they break their neck, there are typically extenuating circumstances. Things like local or state politicians or judgets trying to make some kind of statement about property maitnence or whatever.
It's also noteworthy that the details of the court case oftentimes come into play, for example in resolving the issue of a burgler suing the people who own the house he is robbing, in some cases the property owners might not be able to use the fact that he was in the home illegally in the court case. Especially if say for example the civil case is going forward before the criminal case due to the way the various courts are backlogged. That means you can't say the guy was a burgler and tresspassing because legally speaking he hasn't been
convicted of those crimes yet.
In most cases that I actually read however, it usually came down to a booby trap of some kind, or somekind of problem in the residence the people living there did not want to get fixed and were sufficient enough to probably have gotten the building declared unsafe for human habitation (which can happen). Typically the former with the Burgler running into some kind of trap left by the owners of the residence and injuring themselves, and then the owners of the residence trying to claim they actually didn't leave a trap on their property. You'd be surprised at some of the crazy stuff people do.
The point of all this rambling is that while there is some truth to this "urban legend" most cases of things like this happening make more sense if you know the exact details of the case, and the reasons for which rulings were made.
To put things into context, imagine a scenario where someone does something crazy in a similar vein to "Children Under The Stairs" or whatever. They pretty much try and bait people to break into their house, so they can brutalize them. Oh sure, stealing is wrong, but so is holding people prisoner and torturing them or whatever. I mean it sounds ridiculous when put that way, but the possibility exists, which is why there are such tight rules, why vigilantism is allowed, and why criminals still have rights.