The owner of a store sees someone reaching in to steal cash from a cash register while no one is near it. The store owner shoots the thief. The thief sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability.

Question

Quizplus · Accepted Answer

The use of deadly force in defense of property is generally not justified under tort law, unless the owner reasonably believed it was necessary to prevent the commission of a violent felony. In this scenario, the thief was only attempting to steal cash, and therefore the store owner would not have a defense that protects him from liability.

The Owner of a Store Sees Someone Reaching in to Steal