Bar Exam — MBE (Multistate Bar Exam)TortsHard
A homeowner observed a trespasser attempting to break into his garage. Fearing for his property, the homeowner shouted a warning, then fired a warning shot into the air. The trespasser, startled by the gunshot, turned and fled, tripping over a garden hose and breaking his ankle. The homeowner was aware that the trespasser was unarmed and posed no immediate physical threat to him personally, only to his property. Can the homeowner be held liable for the trespasser's injury?
- AYes, because the homeowner owed a duty of care to the trespasser not to intentionally harm him.
- BNo, because the homeowner was defending his property against a trespasser.
- CNo, because the trespasser's own act of fleeing and tripping was an intervening cause.
- DYes, because the force used (a gunshot) was excessive given the threat to property alone.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because the force used (a gunshot) was excessive given the threat to property alone.
While a property owner may use reasonable force to protect property, deadly force (or force likely to cause serious bodily harm, such as firing a gun) is generally not permitted solely to protect property, especially against an unarmed trespasser who poses no threat to personal safety. The broken ankle was a direct result of the excessive force used.
Why the other options are wrong
- A. While a duty not to intentionally harm exists, the issue here is the specific degree of force used in self-defense of property.
- B. While property defense is allowed, the force must be reasonable; a gunshot is generally considered excessive for property alone.
- C. The trespasser's flight and injury were a foreseeable reaction to the homeowner's use of excessive force, not an intervening cause that breaks the chain of causation.
Defense of Property (Force Limits)
A property owner may use reasonable force to defend their property, but deadly force or force likely to cause serious bodily harm is generally not permitted solely to protect property.
- Force must be reasonable and proportionate to the threat.
- Deadly force is only justified to prevent serious bodily harm or death to a person.
- Cannot use force that intentionally or recklessly causes death or serious bodily injury to protect property alone.
Memory trick: Property Protector's Power Has Limits.