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Marion county sheriffs this week arrested a Jefferson, Oregon man for setting a “spring gun,” a device well known to generations of law students. Nearly every Torts casebook probably contains the most famous American case involving such deadly traps, the 1971 Iowa case of Katko v. Briney.

There, the defendant rigged a shotgun inside an old farm house long unoccupied. The plaintiff, a trespasser, entered, looking to steal old bottles and jars. The gun went off, obliterating much of his lower leg. Katko stands for the principle that deadly force or infliction of serious bodily injury may not be used to protect mere property. Under Oregon law, a “person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property.” ORS 161.229 (emphasis added).

The rationale is that human life and limb are more important than property such as the marijuana plants defended by the spring gun set by the arrested suspect. Ironically, the growing was legal under Oregon’s medical marijuana law. Spring guns are one example of an instance involving potential criminal and civil liability. Someone injured by the gun, for example, could have sued for battery even if he or she had entered the suspect’s property with a criminal purpose.

An Oregon personal injury attorney can help answer questions of tort liability involving injuries caused by dangerous premises or wrongful conduct. Portland personal injury lawyer Dane E. Johnson offers a free case consultation to consider cases involving serious injuries to persons and property. If you or a loved one would like to know more, please send us a contact form or call attorney Dane Johnson directly at (503) 975-8298.

Tagged as: Oregon Tort Law