Who can file an action for trespass to chattels?

The ability to file an action for trespass to chattels is rooted in the principle of possession. In this context, anyone who has possession of a chattel, or an immediate right to possess it, has the standing to bring forward an action for trespass to chattels. This legal concept emphasizes that possession is a key indicator of an individual's rights in relation to a physical item.

Possession can be actual, meaning the person is physically in control of the item, or constructive, which refers to a legal right to control the item even if it's not physically held. For example, a tenant leasing an apartment has a right to possess the furniture within it, even if they do not own that furniture outright. Therefore, a party possessing the chattel, or having the immediate right to possess it, may claim damages if their possession is wrongfully interfered with by another.

This understanding aligns with how trespass to chattels is characterized in tort law, where the focus is on the wrongful interference with an individual's possessory rights rather than exclusive ownership rights. This does not imply that only the original owner or those with legal title can bring such claims, nor does mere observation of harm provide anyone with the standing to initiate a lawsuit.