{"id":353489,"date":"2017-03-24T17:34:49","date_gmt":"2017-03-24T22:34:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/necessity-defense-and-intentional-torts.html"},"modified":"2023-08-16T14:34:42","modified_gmt":"2023-08-16T19:34:42","slug":"necessity-defense-and-intentional-torts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/necessity-defense-and-intentional-torts.html","title":{"rendered":"Necessity Defense and Intentional Torts"},"content":{"rendered":"\n
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Necessity Defense and Intentional Torts<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The necessity defense applies to emergencies. It allows you to act wrongfully because doing so prevents greater harm to you, your property (chattel), or the community. This defense protects you against liability for the wrongful act (tort).<\/p>\n\n <\/div>\n\n\n\n

Imagine you broke into your neighbor’s garage to borrow his fire extinguisher after your car caught fire. Thankfully, you prevented the fire from spreading or causing an explosion.<\/p>\n

But now your\u00a0neighbor is suing you\u00a0for trespassing and breaking his garage door window. Are you liable for trespass, and do you have to pay for the window?<\/p>\n

Luckily, you can assert a necessity defense and possibly avoid some liability. Read on to learn about the necessity defense and intentional torts. If you face a lawsuit, get direct advice from a personal injury and tort defense lawyer<\/a>.\u00a0<\/p>\n

What Is an Intentional Tort?<\/h2>\n

Tort law is about wrongful acts that happen in personal injury cases. Tort liability<\/a> has evolved through common law, which has developed through court decisions rather than civil code. A tortious civil claim (or cause of action) may involve an element of intent if a wrongdoer (tortfeasor) acted purposefully.<\/p>\n

Intentional torts cover a wide\u00a0range of wrongful actions<\/a> for which a person can be liable. This includes assault, battery, trespass, defamation, and false imprisonment. As you can guess, these intentional acts interfere with another person’s rights. They differ from\u00a0torts of negligence<\/a>, where a person acts carelessly. Under negligence, a person fails to take reasonable care in fulfilling their duties.<\/p>\n

If someone is suing you for an intentional tort, they have to prove that you intended to perform the action that then caused harm. For example, an aggressor’s strike results in bodily harm. If the aggressor acted with intent to cause bodily injury, they may be liable for an intentional tort.<\/p>\n

What Is an Affirmative Defense?<\/h2>\n

Even if you did what the plaintiff claims you did, you may be able to assert an affirmative defense. This would help lessen the trouble you’re in. With an affirmative defense, you would argue that the circumstances of your actions excuse or justify the harm done. This way, you mitigate (reduce) or defeat your legal liability<\/a>.<\/p>\n

Common affirmative defenses include:<\/p>\n