Kato v.Briney Case Brief
Kato v. Briney, 183 N.W. 2d 657 (Iowa 1971)
Facts
Defendant Briney inherited a farm house which remained unoccupied for approximately ten years. During that period there were multiple housebreaking occurrences which caused damage to the property. Defendant and her husband were annoyed by the constant vandalism and set up a 20 gauge spring shotgun trap in one of the bedrooms which was set to shoot the legs of a trespasser entering the room. Plaintiff Katko and his accomplice McDonough entered the house by removing a board that was covering a window to search for bottles and jars. When Plaintiff entered the bedroom, the rigged shot gun fired. Plaintiff was struck by the gunfire and much of his right leg and tibia was blown away. Plaintiff was assisted by his accomplice to a vehicle and was taken to the hospital which resulted in a 40-day hospital stay. Plaintiff’s doctor testified that there was a possibility of amputation due to difficulty in healing. Plaintiff sustained permanent deformity, shortening of his leg and tissue damage. Plaintiff’s leg had to be in a cast for one year and was required to wear a brace for an additional year. Plaintiff sued the Defendants for damages. The jury found for the plaintiff and the Iowa Supreme Court affirmed.
Issue:
Whether a property owner has the legal right to protect unoccupied property by setting up and rigging a spring shot gun which has the capability to inflict serious injury or death to a trespasser.
Rule
No. Reasonable force may be used by a property owner in order to protect property, however, no device which has the capability to seriously injure of cause death to a trespasser is permitted. Analysis
The court agrees that a property owner has the right to defend unoccupied property from break-ins, theft, and vandalism. The court does not agree that a property owner has the legal right to use such force that would seriously injure or cause death to an intruder.
Facts
Defendant Briney inherited a farm house which remained unoccupied for approximately ten years. During that period there were multiple housebreaking occurrences which caused damage to the property. Defendant and her husband were annoyed by the constant vandalism and set up a 20 gauge spring shotgun trap in one of the bedrooms which was set to shoot the legs of a trespasser entering the room. Plaintiff Katko and his accomplice McDonough entered the house by removing a board that was covering a window to search for bottles and jars. When Plaintiff entered the bedroom, the rigged shot gun fired. Plaintiff was struck by the gunfire and much of his right leg and tibia was blown away. Plaintiff was assisted by his accomplice to a vehicle and was taken to the hospital which resulted in a 40-day hospital stay. Plaintiff’s doctor testified that there was a possibility of amputation due to difficulty in healing. Plaintiff sustained permanent deformity, shortening of his leg and tissue damage. Plaintiff’s leg had to be in a cast for one year and was required to wear a brace for an additional year. Plaintiff sued the Defendants for damages. The jury found for the plaintiff and the Iowa Supreme Court affirmed.
Issue:
Whether a property owner has the legal right to protect unoccupied property by setting up and rigging a spring shot gun which has the capability to inflict serious injury or death to a trespasser.
Rule
No. Reasonable force may be used by a property owner in order to protect property, however, no device which has the capability to seriously injure of cause death to a trespasser is permitted. Analysis
The court agrees that a property owner has the right to defend unoccupied property from break-ins, theft, and vandalism. The court does not agree that a property owner has the legal right to use such force that would seriously injure or cause death to an intruder.