In tort law, the public necessity defense can be used against charges of trespass or conversion where a defendant reasonably believes interference with a plaintiff’s property is necessary to prevent an imminent emergency situation. The defendant must reasonably believe that the emergency cannot be prevented in some other reasonable way, and must also use reasonable care to avoid causing greater harm than the harm that was averted. See also: Vorchheimer v. Philadelphian Owners Ass'n.
Public necessity serves as an absolute defense, meaning that a defendant will not be liable for any damages caused by its trespass or conversion.
Cases such as NY State Energy Research & Development Auth. v. Nuclear Fuel Services, Inc. explain that the public necessity defense is only available to defendants who prevent an “imminent public disaster,” which does not include something as simple as the possibility of financial loss. Similarly, in the 2014 Supreme Court of Alaska opinion for Brewer v. State, the court decided that defendants can use the public necessity defense when preventing “imminent public disaster from fire, flood, disease, or riot.” Contrast with private necessity. See also necessity defense.
[Last updated in February of 2024 by the Wex Definitions Team]
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