Trespass to Chattels

The Restatement (Second) of Torts § 217 defines trespass to chattels as “intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another.” Harm to personal property or diminution of its quality, condition or value as a result of a defendant’s use can also result in liability under § 218(b) of the Restatement.

The Restatement (Second) of Torts § 218 states further that:

One who commits a trespass to a chattel is subject to liability to the possessor of the chattel if, but only if,

(a) he dispossesses the other of the chattel, or
(b) the chattel is impaired as to its condition, quality, or value, or
(c) the possessor is deprived of the use of the chattel for a substantial time, or
(d) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.


In  eBay, Inc. v. Bidder's Edge, Inc., the Court concludes that "[i]n order to prevail on a claim for trespass based on accessing a computer system, the plaintiff must establish:

(1) defendant intentionally and without authorization interfered with plaintiff's possessory interest in the computer system; and

(2) defendant's unauthorized use proximately resulted in damage to plaintiff."