Is there any possibility of liability?

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This is a tough question. Common sense would say they get what they deserve, but like mentioned, lawsuits are everywhere you turn today. However, it is illegal to set a booby trap, even on your own property, and even if the victim is committing a crime. For example, a man was tired of some guy using his property as a shortcut, basically trespassing. He devised a booby trap that shot the guy with a paint ball - nothing lethal - but the property owner was convicted. I can tell you that this would violate the Geneva Convention - Number 6 below -which would give the sue-happy lawyers a leg to stand on most likely to sue the person setting the booby trap.

Booby Traps Law & Legal Definition

A booby trap may be defined as any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.

If a person sets up such a trap to protect his/her property, he/she will be liable for any injury or death even to an unwanted intruder such as a burglar. It is illegal to set a booby trap on one's own property to prevent intruders.

The Geneva Convention, which applies to law governing wars, deals with booby traps as follows:

Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use:

a. any booby-trap in the form of an apparently harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed or approached, or

b. booby-traps which are in any way attached to or associated with:

1. internationally recognized protective emblems, signs or signals;

2. sick, wounded or dead persons;

3. burial or cremation sites or graves;

4. medical facilities, medical equipment, medical supplies or medical transportation;

5. children's toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

6. food or drink;

7. kitchen utensils or appliances except in military establishments, military locations or military supply depots;

8. objects clearly of a religious nature;

9. historic monuments, works of art or places or worship which constitute the cultural or spiritual heritage of peoples;

10. animals or their carcasses.

It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or necessary suffering."
 
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Professor Roy, are you SURE you're not a lawyer? lol You just took this to an international level! :eek:
 
Roy Hinkley said:
This is a tough question. Common sense would say they get what they deserve, but like mentioned, lawsuits are everywhere you turn today. However, it is illegal to set a booby trap, even on your own property, and even if the victim is committing a crime. For example, a man was tired of some guy using his property as a shortcut, basically trespassing. He devised a booby trap that shot the guy with a paint ball - nothing lethal - but the property owner was convicted. I can tell you that this would violate the Geneva Convention - Number 6 below -which would give the sue-happy lawyers a leg to stand on most likely to sue the person setting the booby trap.

Booby Traps Law & Legal Definition
Click to expand...

That's why you keep your mouth shut and just bring the poisoned, er, spicy wings in. You might even throw in a comment about how you can't wait for lunch to dig into these little beauties and that you finally perfected your atomic hot sauce recipe. After the insides of the miscreant's intestines start to melt, you feign innocence. "Whuuut....was my atomic hot sauce that spicy? I'll have to tweak the recipe again."
 
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Roy Hinkley said:
This is a tough question. Common sense would say they get what they deserve, but like mentioned, lawsuits are everywhere you turn today. However, it is illegal to set a booby trap, even on your own property, and even if the victim is committing a crime. For example, a man was tired of some guy using his property as a shortcut, basically trespassing. He devised a booby trap that shot the guy with a paint ball - nothing lethal - but the property owner was convicted. I can tell you that this would violate the Geneva Convention - Number 6 below -which would give the sue-happy lawyers a leg to stand on most likely to sue the person setting the booby trap.

Booby Traps Law & Legal Definition

A booby trap may be defined as any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.

If a person sets up such a trap to protect his/her property, he/she will be liable for any injury or death even to an unwanted intruder such as a burglar. It is illegal to set a booby trap on one's own property to prevent intruders.

The Geneva Convention, which applies to law governing wars, deals with booby traps as follows:

Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use:

a. any booby-trap in the form of an apparently harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed or approached, or

b. booby-traps which are in any way attached to or associated with:

1. internationally recognized protective emblems, signs or signals;

2. sick, wounded or dead persons;

3. burial or cremation sites or graves;

4. medical facilities, medical equipment, medical supplies or medical transportation;

5. children's toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

6. food or drink;

7. kitchen utensils or appliances except in military establishments, military locations or military supply depots;

8. objects clearly of a religious nature;

9. historic monuments, works of art or places or worship which constitute the cultural or spiritual heritage of peoples;

10. animals or their carcasses.

It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or necessary suffering."
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So assuming I took regular food to work for several weeks, and a few times it was stolen, then I took the leftovers of a batch of my chili from hell, with the intent that the thief receive a rude awakening, but I didn't tell anyone what I was up to; would the mere act of taking a spicy food be considered a booby trap, even though the food was mine and I had eaten it at home? Unless it's verbalized, how can intent be proven?
 
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surge said:
So assuming I took regular food to work for several weeks, and a few times it was stolen, then I took the leftovers of a batch of my chili from hell, with the intent that the thief receive a rude awakening, but I didn't tell anyone what I was up to; would the mere act of taking a spicy food be considered a booby trap, even though the food was mine and I had eaten it at home? Unless it's verbalized, how can intent be proven?
Click to expand...
Exactly - intent! If you did not admit it was really to get revenge (booby trap), and they took it without your knowledge supposedly, and you normally consumed it - so not poisoned - you would be fine most likely. You just don't get to enjoy admitting you "burned" the guy! :p
 
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