Legal Definitions - Private necessity

Private necessity is a legal defense used in situations where an individual trespasses on or interferes with someone else's property during an emergency to protect their own personal interests, such as their life, health, or property.

While this defense acknowledges the urgent nature of the situation, it is not a complete excuse for the trespass. The person who invoked private necessity:

• Must still pay for any actual damage caused to the property during their trespass.
• Is generally not liable for symbolic damages (known as "nominal damages") or additional punitive payments meant to punish them.
• Is permitted to remain on the property for as long as the emergency situation continues, and the property owner cannot legally force them to leave during that time.

Here are some examples illustrating private necessity:

• Example 1: Seeking Shelter from a Storm

  Imagine a hiker caught unexpectedly in a sudden, violent hailstorm in a remote area. Seeing an unlocked, unoccupied cabin on private land nearby, the hiker breaks a window to gain entry and take shelter from the dangerous weather. In this scenario, the hiker committed trespass by entering private property without permission and by damaging the window. However, they could argue private necessity because their actions were taken to protect their own life and safety from an immediate threat. While they would be responsible for paying for the broken window, they would likely not be liable for the trespass itself or for punitive damages, and they could remain in the cabin until the storm passed.

• Example 2: Emergency Medical Shortcut

  Consider a parent driving their child to the emergency room because the child is having a severe, life-threatening allergic reaction. Traffic on the main road is completely gridlocked. To save critical time, the parent quickly drives their car across a corner of an undeveloped, private field to bypass the traffic and reach the hospital faster. Driving across the private field constitutes trespass. However, the parent could invoke private necessity, as their actions were driven by an urgent need to protect their child's life. If their vehicle caused any damage to the field, such as creating deep ruts, they would be responsible for the cost of repairing that damage, but not for the act of trespass itself.

• Example 3: Boat in Distress

  A small fishing boat experiences a sudden and catastrophic engine failure during a severe squall, leaving it adrift and in danger of capsizing. The nearest safe harbor is too far, but there is a private dock nearby. To prevent the boat from sinking and to ensure the safety of those on board, the captain steers the disabled vessel to the private dock and ties it securely without the owner's permission. Tying the boat to a private dock is an act of trespass. However, the captain could claim private necessity, as it was done to protect the lives of the crew and the vessel from immediate peril. The captain would be responsible for any damage the boat might cause to the dock, but they would not be liable for the trespass itself and would be permitted to keep the boat docked until the emergency was resolved and it was safe to move.