Home Alone question.

[Buzz Rules]

Home Alone question. If Harry and Marv sued Kevin after being arrested for damages he caused them, do you think they would win in court? Would a jury ever pity them? Do you think a judge would question Kevin’s actions? Have fun with the thread.

 

[Kathryn Merteuil]

It wouldn't surprise me if they could sue and win really. I bet a judge would question Kevin's tactics too.

Maybe Kevin grew up to become that Saw movie guy?

Either way... I don't blame him, and when I saw Home alone I laughed til I choked and cried.

 

[BroadwayHermione5]

If Kevin was older yes absolutely.

So I could easily see the second movie him being sued for (especially since it’s another state) HOWEVER given the wet bandits escaped it could also easily be dismissed.

The first movie though? Other than some mild questioning by a judge probably not. Second movie could be a toss up.

 

[kdonnel]

I always wanted to see a crossover movie.

Kevin McCallister vs John McClane

The Christmas Battle to the Death

 

[barkley]

kevin is within his legal rights. the home is in the state of illinois which has multiple statutes that work to form a 'castle doctrine'. here's how it reads-

Defense of a dwelling​

The next statute covers use of force in defense of a home. “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling.” 720 ILCS 5/7-2(a). This section then defines that deadly force is justified only if, “(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or (2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.” 720 ILCS 5/7-2(a)(1), 720 ILCS 5/7-2(a)(2).


so kevin actually could have used deadly force b/c breaking and entering is a felony in illinois.

 

[Buzz Rules]

I always wanted to see a crossover movie.

Kevin McCallister vs John McClane

The Christmas Battle to the Death

 

[barkley]

Maybe Kevin grew up to become that Saw movie guy?

nah-he grew up to become the 'party monster'.

 

[bcla]

Here's an attorney's take on Home Alone.

 

[EACarlson]

kevin is within his legal rights. the home is in the state of illinois which has multiple statutes that work to form a 'castle doctrine'. here's how it reads-

Defense of a dwelling​

The next statute covers use of force in defense of a home. “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling.” 720 ILCS 5/7-2(a). This section then defines that deadly force is justified only if, “(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or (2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.” 720 ILCS 5/7-2(a)(1), 720 ILCS 5/7-2(a)(2).


so kevin actually could have used deadly force b/c breaking and entering is a felony in illinois.

That only covers criminal liability and would is an affirmative defense. It would not cover certain aspects that could not be "reasonably believed that such force was necessary to prevent the commission of a felony." In Illinois in general and Cook County in particular I could see a lawsuit against the McAllistars being successful. There was a story a number of years ago about a burglar that fell through a skylight he was breaking into and fell on a knife, the insurance company settled out of court for an insane number.

 

[Luv Bunnies]

I think that if someone enters a building with the sole intent to commit a crime, all legal protections should be off. Those guys broke into a house to steal and destroy property (especially if Harry decides to leave the water running). If the owners/occupants decide to rig up booby traps in their own home, that's their right. If some idiots break in and get hurt, that's their problem. I know, the law might think differently, but if you do the crime, you should accept any and all consequences.

 

[barkley]

That only covers criminal liability and would is an affirmative defense. It would not cover certain aspects that could not be "reasonably believed that such force was necessary to prevent the commission of a felony." In Illinois in general and Cook County in particular I could see a lawsuit against the McAllistars being successful. There was a story a number of years ago about a burglar that fell through a skylight he was breaking into and fell on a knife, the insurance company settled out of court for an insane number.

o.k., but given the statutes i would think it could be argued as a defense against a lawsuit that any injuries incurred after the first initial one are invited upon themselves by the robbers by their repeated and increasing efforts to commit a felony in the home. it could even be argued that they had some kind of sick, masochistic desire to be repeatedly abused (in which case there could be a whole separate set of charges they could be facing for involving a child-but we won't get into that on a family board).

on the skylight thing-i would be royally ticked if my insurance company paid out on a claim like that.

 

[EACarlson]

o.k., but given the statutes i would think it could be argued as a defense against a lawsuit that any injuries incurred after the first initial one are invited upon themselves by the robbers by their repeated and increasing efforts to commit a felony in the home. it could even be argued that they had some kind of sick, masochistic desire to be repeatedly abused (in which case there could be a whole separate set of charges they could be facing for involving a child-but we won't get into that on a family board).

on the skylight thing-i would be royally ticked if my insurance company paid out on a claim like that.

I completely agree with you that is how it should work, but that's not how it would work in many places, Cook County Illinois is one of those places.

 

[DLgal]

Are we talking 1990 courts or 2022 courts?

 

[tvguy]

Not sure a lawsuit against an 8 year old would be successful. I guess they could sue his parents. Love to see this tried before Judge Judy. And I suspect Child Protective Services would be involved too with the parents for leaving him Home Alone.

 

[Buzz Rules]

Are we talking 1990 courts or 2022 courts?

What’s the difference?

 

[Mysterian]

 

[EACarlson]

What’s the difference?

It would be laughed out of more 1990 courts than it would 2022 courts. There were still courts in 1990 that I could see allowing this to go forward, but not many of them.

 

[Buzz Rules]

 

[Mysterian]

Home Alone question. If Harry and Marv sued Kevin after being arrested for damages he caused them, do you think they would win in court? Would a jury ever pity them? Do you think a judge would question Kevin’s actions? Have fun with the thread.

Thanks to special witness Mona Lisa Vito from My Cousin Vinnie, and defense counsel Keyrock, the unthawed caveman lawyer, this case is DISMISSED, and followed up with a counter claim for punitive damages and compensatory damages against the Wed Bandits.

Your honor, I present these gifs into evidence: Exhibit A and Exhibit B:

Nice try, Buzz, but next time you might want to consider representing more reputable clients.
*bangs gavel*

 

[Mysterian]

Have fun with the thread.

Are we cats?

I completely agree with you that is how it should work, but that's not how it would work in many places, Cook County Illinois is one of those places.

Cook County, Illinois, the home of Jake and Elwood Blues?