LAW 604C Chapter Notes - Chapter 4: Punitive Damages, Repossession
Document Summary
Can katko be awarded damages for injuries sustained by the setting of a shotgun trap by. Farmhouse is uninhabited & frequently broken into. Briney, in order to deter intruders, boards up windows and sets a shotgun trap in the bedroom. Katko trespasses into the farmhouse & triggers the shotgun trap. Katko loses much of his right leg and spent 40 days in hospital. Trial court finds for katko damages of ,000 and ,000 punitive damages. Trial court finds in favor of katko. Value of life & limb outweighs interest of a possessor of land. Possessor of land only has privilege to use force intended or likely to cause death or seriously harm when intrusion threatens death or serious injury to users or occupier of the premises. Force used must be reasonable to the situation at hand. Brown and 2 friends trespass on martinez"s land to steal watermelons. Martinez spots the two friends and fires a warning shot.
