Case v. Montana · ¶40

The common-law emergency rule is now often summarized this way: “One is privileged to enter or remain on land in the possession of another if it is or reasonably appears to be necessary to prevent serious harm to . . . the actor[,] . . . the other[,] or a third person . . . unless the actor knows or has reason to know that the one for whose benefit he enters is unwilling that he shall take such action.” Restatement (Second) of Torts §197(1) (1963–1964). But, of course, this privilege comes with its logical limitations. So, for example, a private citizen who enters a home to render emergency aid lacks license to do so in a manner “which a reasonable man would not regard as necessary to” address the apparent emergency. Id., §214, and Comment a; see also id., §197, Comment a; Des Moines v. Webster, 861 N. W. 2d 878, 883– 885 (Iowa App. 2014); State v. Lukus, 149 Mont. 45, 50–51, 423 P. 2d…

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