Katko v. Briney

183 N.W.2d 657 · Supreme Court of Iowa · 1971

Illustration of Katko v. Briney

Facts

Plaintiff and a companion broke into the defendants' unoccupied, boarded-up farmhouse to steal antique bottles. The defendants, frustrated by prior trespasses, had set a 20-gauge spring shotgun rigged to fire when a bedroom door was opened. Plaintiff was severely injured by the shotgun, leading to a jury award of $20,000 actual and $10,000 punitive damages, which the trial court upheld.

Issue

May a property owner use a spring gun, capable of inflicting death or serious injury, to protect personal property in an unoccupied, boarded-up farmhouse against trespassers and thieves?

Holding

No. The court affirmed the lower court's judgment, holding that an owner may not use a spring gun capable of inflicting death or serious injury to protect personal property in an unoccupied farmhouse against trespassers and thieves.

Rule

The law places a higher value on human safety than on mere property rights, thus prohibiting the use of force calculated to cause death or serious bodily injury to repel a threat to land or chattels, unless there is also a threat to personal safety justifying self-defense. A property owner cannot use a mechanical device to inflict harm that they could not lawfully inflict in person.

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