Recently attacked by a zombie?  Is there a zombie waiting for you outside your house that just won’t leave you alone?  What can you legally do? Depending on the type of zombie situation you have, you could have a few different options.*

Can You Sue The Living Undead?

Theoretically, a zombie could be judgment proof because they are dead.  However, when someone passes, you can still sue their estate.  Would the court hold the zombie personally liable or would the court hold the zombie’s estate liable?  It’s unclear at this point which way the court would rule, however, if the zombie acts like it is living and has some way to earn a wage, then perhaps the court would allow you to sue the zombie directly.

Zombie’s Outside My Window

What do you do if there are zombies outside your house? You can’t open the door, otherwise they would come inside.  It’s amazing they haven’t figured out to break through the windows.  There is only one option.  File a lawsuit.

You have a few different causes of action to sue the zombies.  One, you could sue the zombie for false imprisonment.  False imprisonment is usually defined as restraining a person in a bounded area without justification or consent. Here, the zombies are keeping you in your house and not allowing you to leave.  This would probably cause a person both great discomfort as well as fear of the outside that could require some type of therapy.   The next possible cause of action could be for an assault.  An assault is an act that causes another to apprehend an immediate harmful contact.   Here, multiple zombies outside your house would put almost anyone in fear of some type of harmful contact (they bite, and try to eat brains). 

Can I Shoot Zombies?

However, if the zombies do try to come into your house, you could use deadly force to protect yourself in most states.  Most states allow people to protect themselves and their homes with deadly force.  However, a person cannot use deadly force just to protect personal property.  If a person is inside their home when an intruder (whether robber, ninja or zombie) breaks in, a person is usually allowed to use deadly force against the intruder.  This is generally known as the “castle” rule.  This rule states that you are allowed to protect yourself in your “castle” (i.e. your home). 

*These are incredibly hypothetical questions, but in the spirit of Halloween, it is important to know that not everything law related is incredibly serious.  We highly recommend that you have a zombie escape plan, a backup zombie escape plan, and if you are attacked by a zombie, find a highly specialized zombie attorney.

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