Legal Question in Civil Litigation in California

Re: Can you sue if injured during the commiting of a crime?

You will have a difficult time suing for the type of injury you describe. Slip-and-fall cases are usually based on a theory of negligence. Negligence requires (among other things) that the defendant owes a duty to the plaintiff which he breached. Homeowners don't have duties to burglars. Further, the doctrine of "unclean hands" would likely get in your way. Such a suit might succeed depending on the facts, but I think most would quickly fail.

The result might be different if you are the victim of an intentional act, but even there the law gives people wide latitude to defend themselves and their homes from intruders and you would have to show that the force used against you exceeded what was justifiable -- a tough thing for most burglars to argue!

Re: Can you sue if injured during the commiting of a crime?

Is this a joke? If so, it is in poor taste. If it is not a joke, then I hope your injuries are substantial, disabling and life threatening.