Earlier this week, a reader sent an email asking about the law surrounding a recent phenomenon – people setting booby traps for porch pirates. A porch pirate is someone who steals a package left on someone's porch by a delivery service. Apparently, some homeowners are combatting these thieves by booby trapping packages with glitter or dye bombs. I have to say, part of my brain is completely fine with this. The thieves get what they deserve.
But my thirst for revenge doesn't answer the question. What happens if the thief gets injured? The answer is that the thief may have the last laugh, because the homeowner is probably liable. If that sounds counterintuitive, let me explain. The question raises the legal issue of "premises liability." This theory focuses on the reason why a person enters a homeowner's property. The first category of visitor is an "invitee." As the name suggests, this is a person who the homeowner invites to enter his property for a specific purpose. Think of a plumber. To this person, the homeowner owes a duty to take reasonable care to make sure the property is safe. So, if you've got a rake laying on the front porch and the invitee steps on it and conks his head, the homeowner is liable.
The next category is "licensees." A licensee is one who enters the property for their own purposes. A social guest is a licensee. A homeowner must take reasonable care to protect dangers of which the homeowner is aware. But absent that knowledge, the homeowner has no liability.
Trespassers are the third category. And under the law, the homeowner has no liability to trespassers. So, a porch pirate would have no case if they tripped over the rake. But there's a catch. The homeowner is liable for willful conduct that injures a trespasser. This means a few things. First, Harry and Marv – the burglars in the classic film "Home Alone" – would have had a case against Kevin McAllister for what he put them through. Maybe that's a sequel.
But more importantly, this rule means that a porch pirate could sue for their injury resulting from a booby-trapped package. The homeowner would also be liable if the booby trap constituted "deadly force." Even in "stand your ground" states, a homeowner can't use deadly force to protect property. The underlying principle is that innocent people could be injured by the booby trap. And for this reason, the law will hold homeowners accountable for intentionally inflicting harm, no matter who is the victim.
So, no matter how annoying porch pirates can be, think twice before setting up a booby trap. It never really worked out for Wile E. Coyote, and it likely won't work for you.
