should burglars sue victims?

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A few years ago i read in the local paper about an incident where a burglar broke into an empty house. He force entered a front door in the dark and promptly fell through the floor 6 feet down and broke an ankle.
The house was being renovated an the floor boards were missing apart for a narrow plank walkway.
He was apprehended by the police but managed to sue the home owners later for negligence.

Do you think this is right?
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