Private Necessity Lawyers
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What is Private Necessity?
There are certain occasions in which individuals in emergencies have a partial or complete privilege against a claim for trespass or a cause of action. However, the privilege of private necessity can only be invoked to avert a public disaster or serious harm that is imminent to others.
What are Types of Private Necessity?
There are many instances that might fall under public necessity. These include:
- Avoidance of a Crime - There are many instances such as if a person is running away from a potential robbery and might trespass onto the land of another
- Attempting to Save Others - Individuals that commit a cause of action because of attempting to prevent harm being caused to others fall under the doctrine of private necessity
What Does Privilege Constitute?
A privilege means that a private landowner does not have a cause of action against an individual whose action constitutes a necessity. In addition, private landowners don't have a right to force the individual off their property because a necessity. However, the privilege doesn't extent to damages that occur when entering the land of another. For instance, if a private citizen trespasses against another's land they are liable for damages such as breaking a window, glasses, furniture, etc.
What is Public Necessity?
Public necessity is different from private necessity in that a pubic individual such as a policeman, fireman, etc will undertake some action that might cause damages to someone's property to save the property of many others.
What is Required to Invoke Public Necessity?
There are generally three requirements to invoke public necessity. These necessities include:
- The individual believed that action was needed for the common good of others
- The belief must have been reasonable in light of the surrounding circumstances
- Public interest must be involved
What Should I Do if My Property Is Damaged?
A private property owner who has obtained damages as a result of a public necessity claim has a cause of action for reasonable compensation. Therefore, depending on the particular situation the government must be required to adequately pay a property owner to put him back in the position he would've been had the necessity not been necessary.
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Last Modified: 11-09-2011 04:32 PM PST
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