Is it legal to set up a trap for porch pirates? Essential information you should be aware of

Earlier this week, a reader reached out with a question about the legality of a growing trend: homeowners setting traps to catch package thieves, commonly called porch pirates. Porch pirates are individuals who steal deliveries left at someones doorstep. Some homeowners have responded by rigging packages with glitter, dye, or other surprising devices.

While it may feel satisfying to see thieves get a taste of their own medicine, the real concern is the legal consequences if someone gets hurt. Surprisingly, the law may not favor the homeowner.

Understanding Property Liability

The core issue revolves around why someone enters a homeowners property. This falls under the legal concept of "premises liability."

First, there are inviteespeople invited for a specific purpose, like a plumber. Homeowners owe them a duty to maintain a safe environment. For example, if an invitee trips over a tool left on the porch, the homeowner is liable.

Next are licensees, individuals who enter the property for their own purposes, such as social guests. Homeowners must protect licensees from dangers they know about but are not responsible for unknown hazards.

The third category is trespassers. Generally, homeowners owe no duty to trespassers. A porch pirate who stumbles over a rake would normally have no legal claim. However, theres a critical exception: homeowners are liable for deliberate actions that cause harm. This means a booby-trapped package could make the homeowner legally responsible.

Limits on Using Force

If a trap is considered deadly force, homeowners cannot use it to protect propertyeven in states with "Stand Your Ground" laws. The legal principle is that intentionally causing harm is not justified, regardless of the victim.

Conclusion

Porch pirates can be frustrating, but booby traps carry serious legal risks. History and cartoons alike remind us that trying to punish thieves with traps rarely ends well. Homeowners must think carefully before taking such measures.

Article by Jack Greiner, Cincinnati attorney, representing Enquirer Media on First Amendment and media matters. Originally published in the Cincinnati Enquirer.

Author: Sophia Brooks