Legal Definitions - danger

In legal terms, danger refers to a situation involving peril, exposure to harm, loss, pain, or any other negative outcome. It can also describe the direct cause of such peril or a menace.

• Apparent Danger (also known as Patent Danger)

  This refers to a danger that is obvious and clearly visible, or a threat that a reasonable person would perceive as real, even if the actual risk might be less severe than it appears. In the context of criminal law, it often relates to a perceived threat that justifies a person's use of force in self-defense.

  • Example 1: A construction site has a large, gaping hole in the ground that is not fenced off and is clearly visible from the public sidewalk.

    Explanation: This represents an apparent danger because the hazard is obvious and easily recognizable to anyone passing by, indicating a clear risk of falling.

  • Example 2: During a heated argument, one person suddenly reaches into their jacket pocket in a quick, aggressive motion, even though they are only reaching for their keys.

    Explanation: To a reasonable person, this action could create an apparent danger, suggesting the individual might be reaching for a weapon, thereby potentially justifying a defensive reaction from the other party.

• Deterrent Danger

  This is an obvious danger intentionally created by a property owner or occupier to discourage trespassers from entering their land. The purpose is to warn and deter, not primarily to injure.

  • Example 1: A factory owner installs a tall fence topped with razor wire around their property and posts prominent "No Trespassing" signs that also state "Danger: Razor Wire."

    Explanation: The razor wire and warning signs constitute a deterrent danger, as they are clearly visible and designed to discourage unauthorized entry by making the potential harm obvious.

  • Example 2: A homeowner places several large, clearly visible "Beware of Dog" signs on their fence, knowing they have a large, protective dog that barks loudly at strangers.

    Explanation: The signs and the visible presence of the dog act as a deterrent danger, signaling a potential threat to anyone considering trespassing and encouraging them to stay away.

• Imminent Danger

  This describes an immediate, real, and impending threat to one's safety or life that is so pressing it justifies the use of force, particularly in self-defense. The threat must be happening now or about to happen without delay.

  • Example 1: A person is walking down the street when another individual suddenly lunges at them with a knife raised, clearly intending to stab them.

    Explanation: This is an imminent danger because the threat of serious physical harm is immediate and direct, justifying the use of necessary force for self-preservation.

  • Example 2: While driving, a large truck suddenly swerves into your lane, heading directly towards your vehicle at high speed, leaving you only a split second to react.

    Explanation: The collision is an imminent danger because the threat of injury or death is immediate and unavoidable without an instantaneous evasive maneuver.

• Retributive Danger

  This refers to a concealed or hidden danger created by a property owner with the intent to injure trespassers. Such dangers are generally unlawful if they cause harm that would not be justified if the owner had inflicted the injury directly.

  • Example 1: A landowner digs a camouflaged pitfall trap on their property, covered with leaves and branches, specifically to injure anyone who trespasses.

    Explanation: This is a retributive danger because it is a hidden device designed to cause harm to trespassers, and the level of injury it could inflict would likely be considered excessive and unlawful if done directly by the owner.

  • Example 2: A homeowner sets up a tripwire connected to a device that would discharge a harmful projectile at anyone who crosses it, without any warning.

    Explanation: This constitutes a retributive danger as it's a concealed mechanism intended to injure trespassers, exceeding the permissible bounds of property defense.

• Seeming Danger

  This describes a situation where a reasonable person would perceive a threat to be real, even if, in actuality, no genuine danger exists.

  • Example 1: A child playing in a park points a realistic-looking toy gun at an adult, who genuinely believes it is a real firearm and reacts defensively.

    Explanation: The adult perceives a seeming danger because, despite the object being a toy, a reasonable person could mistake it for a real weapon and feel threatened.

  • Example 2: A person walking alone at night sees a large, shadowy figure suddenly emerge from behind a bush and quickly approach them, causing them to fear an attack, even though the figure is just a neighbor taking out their trash.

    Explanation: The situation creates a seeming danger because the sudden appearance and approach of the figure, combined with the dark environment, would reasonably lead someone to perceive a threat, even if no actual harm was intended.

• Unavoidable Danger

  This refers to a danger that cannot be prevented or escaped through reasonable care, foresight, or effort, often due to circumstances beyond human control.

  • Example 1: A ship at sea encounters a sudden, unprecedented hurricane that was not predicted by weather forecasts and could not have been navigated around.

    Explanation: The hurricane represents an unavoidable danger because its severity and unexpected nature made it impossible for the ship's crew to prevent or escape the peril through reasonable maritime practices.

  • Example 2: While driving on a highway, a massive, healthy tree unexpectedly falls across all lanes of traffic directly in front of your car, leaving no time or space to brake or swerve.

    Explanation: The falling tree is an unavoidable danger because it was an unforeseen event that occurred too suddenly for any driver, acting reasonably, to prevent a collision.