Intentional Tort Essay

What establishes a claim for Intentional Tort?

In regards to intentional torts, can Farmer have any valid claims for damages against Pilot? What intentional torts can be claimed amongst Dan and Pilot?

With the case presented here, an intentional tort does not seem sufficient. Dan hired Pilot, the owner of a passenger plane, for a two-hour flight. After an hour into the flight, the plane began to lose altitude for no apparent reason. Pilot did attempt to regain control of his plane but soon all efforts showed no success. Pilot realized an emergency landing was necessary. There was an area covered by dense trees alongside a subdivision of homes. After a careful search of possible landing areas, Pilot saw a small field believed to be vacant across a farm owned by Farmer. Due to an imminent threat of danger, Pilot decided the seemingly vacant field presented a safe place for landing. With lack of time, Pilot truly believed her decision was the best decision. With a rapid decent, the plane caused severe damage to Farmer’s crops.

Farmer v. Pilot:

Intent is required for an intentional tort claim. Pilot’s main defense will be that she had no intention to interfere with Farmer’s property. The emergency landing was out of necessity, to avoid a greater injury to themselves or to the public, causing Pilot to interfere with the property of an innocent party. Farmer may argue that Pilot had several options and his selection of Farmer’s field to crash land constitutes an intentional act. However, Pilot can rely on the emergency doctrine to avoid liability of an intentional tort. Moreover, Pilot’s action, even if construed as intentional, can be argued to have been made in the interests of public and personal safety and thus be used to avoid punitive damages.

Farmer will be able to lay a more successful claim on Pilot on the grounds of negligence or strict liability. A strict liability claim can be sustained by showing that Pilot’s act was the proximate cause...