David Rainwater

It didn't matter what your conduct was, even if you were a trespasser, even if you were a criminal, you still could use the wrongful death statute to collect damages from somebody that had a willful and wanton intent.

He knew he expected the trespasser to come back.

He laid a trap for him.

know in at least in georgia you don't owe a trespasser any duty except not to leave a man trap for him that's the way our law is written the defense kept saying well you know we had no intent to kill him we were just trying to protect our property trying to scare him and whatever but

That wasn't good enough because the law held that any time that your conduct is willful or wanton, intent is inferred.

Very negatively.

They couldn't believe somebody could collect that was in the process of stealing from you.

No, not at all.

He was a criminal.

What happened to him was irrelevant.

He was in the process of committing a crime.

And there are people out there that still believe that property and the right to enjoy it is the highest right you have, but that's not exactly true.

And this case really illustrated that even a criminal in the state of Georgia

can recover for damages if he was injured or killed as a result of a man trap.