1. Tort Law 3: Torts that Harm Property
Mr. Garfinkel 3/5/14

2. Intentional Torts that Harm Property
Tort Law protects your property in two ways:
Protects against interference with the owner’s exclusive use
Protects against property being taken or damaged

3. Types of property that are protected
Three major types of property protected
Real property: Land and items that are attached to it such as houses, fences, and crop fields
Personal property: Anything that is movable such as cars and electronics
Intellectual property: Copyright, Patent, Trademark, Trade Secrets

4. Torts against Real Property
Trespass: Occurs when a person goes onto another person’s property without permission.
The owner can collect damages even if there is no damage!
Nuisance: Occurs when there is an unreasonable interference with the use and enjoyment of your property. Courts will balance the usefulness of the activity with the harm it causes.
Example: if you have people over one time at 6 P.M. on a Saturday night that would probably not be a nuisance. BUT, if you listen to death metal at 5 A.M. every morning, that probably would be considered a nuisance.
Potential remedy to this? An injunction!

5. Let’s take a look at Problem 18.10 (pg. 226)
Which of these do you think would be considered a nuisance? Decide a fair remedy for each situation.

6. Responsibilities you have as a property owner
You have the responsibility to point out potential dangers to visitors on your property.
If you invite a friend over and they slip and fall on a wet floor, you could be held liable for damages!
Doctrine of “Attractive Nuisance”: This is kind of an exception to the trespassing rules: If a child too young to appreciate a dangerous condition wanders onto your property, you could be held liable if they are injured.
Example: Pg. 228, The Case of the Unfenced Swimming Pool

7. Torts against personal property
Conversion: Occurs when someone unlawfully exercises control over the personal property of another person.
This can be when property is damaged, interfered with or stolen.
The act, of course, could still be punishable under criminal law as well.
You have a right to defend your property.
How far can you go?

8. Brutally honest trespassing signs

9. Katko v. Briney (Iowa, 1971)
Briney owned a farm in Iowa and was fed up with people burglarizing an abandoned farmhouse on his property. He posted no trespassing signs all around the house and set up a spring-loaded shot gun aimed at the legs of a person entering a door in the house.
Katko tried to gain entry to the door that was booby trapped and was shot in the legs and badly injured. Katko then sued Briney for battery.
The case made it to the Iowa Supreme Court. How would you decide?

10. Defense of Property
The court ruled in favor of Katko, the burglar! He was awarded $20,000 in compensatory and $10,000 in punitive damages.While this ruling only applies in Iowa, generally you cannot use deadly force to defend property in any state.
While these laws vary state to state, a good rule of thumb is that you can only use “reasonable force” to defend your property. What is reasonable, of course, depends on the circumstances.
You can use deadly force without retreating in most states to protect yourself or your family from imminent harm or death. If you kill a burglar, he will not have the opportunity to argue that he was not threating you...

11. Torts against intellectual property
Patent, Trademark, Copyright, Trade Secret
See Presentations on Intellectual Property