During a fast-moving wildfire that threatens an entire neighborhood, a firefighter commandeers a privately owned bulldozer parked on the owner's land and uses it to cut a firebreak. The maneuver stops the flames but leaves the bulldozer badly damaged. The owner sues the firefighter for trespass and for the cost of repairing the bulldozer. Can the firefighter defeat both claims?
Yes. Emergency-responder immunity statutes automatically bar all civil claims in public-safety crises.
No. The firefighter must pay for the damage because the privilege applies only if the owner personally benefits.
Yes. Public-necessity privilege allows reasonable use or destruction of private property to avert a community-wide danger, eliminating liability for both trespass and damage.
No. The firefighter had to obtain the owner's permission before entering the land or using the bulldozer.
Yes. Under the common-law privilege of public necessity, a person-especially a public official-may intentionally enter or use another's property, and even damage or destroy it, when reasonably necessary to avert an imminent public disaster. The privilege is complete: it bars liability for both trespass and the resulting property damage, so long as the response is reasonable. The distractor stating that owner permission was required is wrong because necessity supplies a privilege even without consent. The distractor relying on blanket statutory immunity confuses the common-law privilege with separate legislative immunities that may or may not exist. The distractor asserting that the firefighter must compensate the owner describes the rule for private, not public, necessity, and therefore is incorrect here.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the public-necessity privilege?
Open an interactive chat with Bash
How does public necessity differ from private necessity?
Open an interactive chat with Bash
Would public-necessity immunity apply if the firefighter acted unreasonably?
Open an interactive chat with Bash
Multistate Bar Examination
Torts
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .