- I Have Been Injured By Medication My Doctor Gave Me, Do I Have a Claim?
- What must a plaintiff prove to recover for an assault or battery?
- If a dog bites a person, is the owner liable for doctor’s bills?
- What does a person have to prove to win a slander or libel claim?
- Does the average member of the public have any privacy rights?
- Can a person recover damages for injuries sustained on someone else’s property?
- Is an owner of property liable for using deadly force to defend their property?
- What remedies does a railroad worker, who is injured while working, have?
- What is a slip and fall action?
- Can anyone bring a wrongful death claim?
Generally speaking, an owner of property may not use deadly force to defend the property. Society values human life and bodily integrity much more than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo, which that individual is trying to steal.
An owner is not prohibited, however, from invoking self-help methods in defending property from another. An owner of property is entitled to use reasonable force to prevent someone, or something, from entering onto his of her property or to remove something from his or her property. What, under normal circumstances, may constitute a battery, assault or other intentional tort, will not be considered unlawful in situations where it is performed as a reasonable use of self-help in defense of property. However, the use of force calculated to do great bodily harm, or cause death, is not permitted.
There is one narrow limitation upon the use of deadly force, where it is allowed. Where an intruder threatens personal safety, as well as a threat to property, or where the intruder is committing a forcible felony, deadly force may be appropriate.