Booby traps are not legal under federal law or Wisconsin state law. If a property owner has a booby trap on their premises and it injures someone, they could be held criminally and civilly liable for harming the victim.
If you suffered an injury caused by a booby trap, you may be able to hold a property owner financially responsible. A personal injury lawyer with our firm can discuss your legal options.
What Is a Booby Trap?
A booby trap is any concealed or camouflaged device intended to cause bodily injury or harm when triggered. Booby traps can include objects like sharpened stakes, spikes, and electrical devices. They can also include guns, ammunition, explosive devices, or toxic fumes or gases that are deployed using a trip wire or other triggering mechanism.
Why Are Booby Traps Illegal?
Booby traps are illegal under federal and state laws because they harm indiscriminately, meaning they can hurt innocent people. Booby traps can pose a threat to law enforcement officers, mail carriers, emergency responders, utility workers, and other individuals with a legal and necessary reason to be on another person’s property.
Even when used against trespassers, booby traps are not permitted. According to Wisconsin law, a property owner may be liable for injury or death to a trespasser if they “willfully, wantonly, or recklessly” caused it.
Instead of booby traps, property owners should use other deterrents, such as warning signs, cameras, or security alarm systems.
What Are the Penalties for Harming Someone With a Booby Trap?
If a property owner sets a booby trap and it injures or kills someone, they may face criminal charges and civil court action.
In Wisconsin, setting a spring gun is a Class G felony. Recklessly endangering someone with another type of booby trap is a Class F felony. These charges may result in fines and jail time.
The victim of a booby trap (or their surviving family members) can also file a civil lawsuit against the responsible property owner to seek compensation for personal injury or wrongful death.
Compensation for Booby Trap Injuries
If you suffered an injury caused by a booby trap, you may be able to seek compensation for the following:
- Current and future medical expenses
- Lost income
- Lost future earning capacity
- Physical pain
- Mental and emotional suffering
- Reduced quality of life
If your loved one sustained a fatal injury, you may be able to seek wrongful death compensation for medical bills, funeral and burial expenses, lost income, and the loss of their society and companionship.
Do You Need a Lawyer?
Personal injuries that occur due to a property owner’s negligent or wrongful actions fall under the legal umbrella of premises liability. Many premises liability cases begin with a claim against the at-fault party’s property insurance. To secure a settlement, you must prove that the property owner caused your injury and losses by setting a booby trap. This process can be complex, and the insurance company is financially incentivized to keep your payout as low as possible.
An attorney with our firm can help you build your case. We can also deal with the insurance company on your behalf and take legal action when necessary. We can:
- Investigate your premises liability case
- Collect evidence
- Identify and pursue all of your losses
- File insurance claims
- Aggressively negotiate for a full and fair settlement
- File a lawsuit and represent you at trial if needed
Contact Peterson, Berk & Cross, S.C. Today
Peterson, Berk & Cross, S.C. can inform you about your rights and help you seek justice if you suffered harm due to a booby trap. We offer free consultations for personal injury cases. Contact us online or call today to connect with our lawyer near you.