28.5.1 Intent.

• Jurisdiction: Arizona

28.5.1 Intent. There is some ambiguity under Arizona law as to the level of intent necessary to establish a trespass to land.²⁸ In dicta, the Arizona Supreme Court cited to the Restatement, and noted that “the tort of trespass . . . requires an intentionalentry onto the land of another.”²⁹ In addition, the Arizona Court of Appeals held that a trespass onto land must be intentional, and bolded the term “intentionally” in its citation to the Restatement.³⁰ Very recently, the court of appeals again noted that one must intentionally enter the plaintiff’s land or cause another to enter to sustain a cause of action for trespass to land.³¹

However, the court of appeals previously held that a defendant could be liable for trespass to land if his entry onto land was “intentional, or negligent, or the result of an abnormally dangerous activity in which he is engaged.”³² This is consistent with the Restatement, which recognizes causes of action for trespass in situations in which the defendant’s conduct was not intentional.³³Restatement (Second) of Torts § 165 indicates that a defendant who acts recklessly or negligently or who engages in an abnormally dangerous activity can be found...