Also known as: imminent peril doctrine · imminent peril · sudden emergency doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A privilege in tort law permitting an actor to use force likely to cause death or serious bodily harm when the actor reasonably believes that another is about to inflict intentional bodily harm threatening death or serious injury and that the peril can be prevented only by the immediate use of such force.
Late at night, Blake held a large knife inches from a bus driver's neck while demanding cash. Passenger Jordan grabbed a tire iron and struck Blake in the temple, causing severe injury. Blake sued Jordan for battery. Jordan's use of force was privileged because the knife at the driver's neck created an imminent peril of death or serious bodily harm that could be averted only by immediate decisive action.
Elijah grabbed a heavy pry bar, raised it overhead, and advanced while yelling threats at Samuel in a narrow stairwell at a remote wind farm. Samuel grabbed Elijah and threw him over the railing, causing broken bones. Elijah sued Samuel for battery. Samuel's action was privileged because the raised pry bar created an imminent peril of serious head trauma that retreat could not safely avoid in the confined space.
Select any source to read its text and confirm it supports the definition.
Mark forced open Luis's door at night, waved a machete over the bed, and threatened to teach him a lesson. Cornered in the small room, Luis drove a pitchfork into Mark's chest. Mark's estate sued for wrongful death. Luis prevailed on self-defense because the machete attack presented an imminent peril of death or serious injury that only immediate deadly force could prevent.
Bryan entered uninvited, brandished a broken bottle, and advanced rapidly toward Easton from ten feet away. Easton swung a heavy lamp at Bryan's head, causing a concussion. Bryan sued for battery. Easton's conduct was not privileged because safe retreat options existed in a non-dwelling location and the threat did not rise to imminent peril of death or serious harm requiring deadly force.
The defender must reasonably believe the aggressor is about to inflict intentional bodily harm threatening death or serious injury and that the peril can be prevented only by immediate use of force likely to cause death or serious bodily harm.
Supporting sources
The privilege does not exist if the actor can with complete safety avoid the necessity of deadly force by retreating when attacked in a place other than the actor's dwelling place.
Supporting sources
Serious bodily harm differs in kind from ordinary harm and includes injuries creating a substantial risk of death, constituting mayhem, or causing permanent loss of function of an important organ or member.
Supporting sources
Yes, when the actor reasonably believes the circumstances would give the third person a privilege of self-defense and that intervention is necessary to protect that person from imminent peril of death or serious bodily harm.
Supporting sources
…not, in the circumstance of a medical emergency, permit a Title X project to refer a woman whose pregnancy places her life in imminent peril to a provider of abortions or abortion-related services. These cases, of course, involve only a facial challenge to the regulations, and we do not have before us any application by the…