Legal Implications of Self-Defense Laws-Defense in Trespassing Cases: A Case Analysis

Question

Task: How do Self-Defense Laws-defense laws and trespassing regulations interact in cases involving personal injury on private property?

Answer

Law Case Issue

The lawsuit involves a plaintiff who has claimed damages for being injured while trespassing on an unoccupied property on which a spring loaded shotgun was hidden causing serious injury to the plaintiff. The lawsuit attracted considerable attention and controversy whereby two laws contradict resulting in both parties being able to file claims against the other thus instigating the need to review the laws to streamline laws related to trespassing and the use of arms for Self-Defense Laws-defence.

Self-Defense Laws Defence/ personal injury and Trespassing and theft laws

The government upholds important rules and regulations related to the right to protect once property from damage or theft but limit the amount of force that can be used to protect property from damage and theft. The use of weapons should only be used for Self-Defense Laws-defence whereas the defendant has used a spring-loaded shotgun to protect an unoccupied house. In such a situation the defendant should have considered using an alternative approach towards protecting the property so as to scare away any intruder. Instead, he opted to use live ammunition causing serious injury to the plaintiff despite there not being any imminent danger towards the defendant.

As this was not an act of Self-Defense Laws-defence and protection the ruling was made against the defendant endangering the plaintiff’s personal safety through the use a spring shotgun. On the other hand the plaintiffs also at fault as he has also broken the law by breaking and entering a private property which is also punishable. This has resulted in serious injury as a result of gunshot wound thus in such a situation the case the court would only issue the plaintiff with a stern warning to avoid such cases in future.

Decision affects

Having ruled against the use of force while protecting property, the number of instances of related to property breaking and theft are likely to register an increase. This is due to the trespassers knowing they are protected by law and lethal weapons cannot be used against them which are likely to encourage unoccupied property break-ins and (Briney).

Bibliography

Katko v. Briney. No. 183 N.W.2d 657 * | 1971 Iowa Sup. LEXIS 717 | 47 A.L.R.3d 624. Supreame Court of Aiwa. Aiwa: 8th February 1971. Self-Defense Laws