Legal Question in Civil Litigation in Ohio

Someone broke into my house

This situation is very complex. I work for a start up. One of my bosses is not right in the head. (we are demoting him for sure after this incident) He needed some equipment I had at my house. He called, but I was sleeping and I did not hear the phone ring. For some reason, who knows what was going through his head he thought it was ok to break into my house. I woke up and caught him. Due the the complexity of our company and how he ties in, it was not in the best interests of the company (partly owned by me) to call the cops. I need to know what my options are legally if I do not call the cops. Is there a basis for me to sue him? I am very angry and I do want him to pay the consequences for his actions. It will just hurt the company if I file a police report.


Asked on 11/14/07, 3:49 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: Someone broke into my house

There are a couple of causes of action I can think of off the top of my head you might be able to bring against him: trespass to land, conversion, assault, and intentional/negligent infliction of emotional distress.

For trespass to land you would need to show that your boss intended to entering on to your property without your permission and then prove he actually did it. If he damaged anything in your home, including doors or windows in his attempt to enter, you may be able to get damages for conversion. If he caused you to fear you might be physically harmed, he might be liable for assault. And for intentional/negligent infliction of emotional distress you would have to show that your boss's actions were outrageous and caused you severe emotional distress.

It is not impossible to prove these claims without it, but it would help your suit dramatically if you had a police report that indicated your boss broke into your house, even if charges were not pressed. Him pleading guilty or being convicted would further strengthen your case.

If you have further questions or would like to talk about your situation in more detail, feel free to contact me.

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Answered on 11/15/07, 9:37 am


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