Legal Definitions - dangerous

In legal terms, something is considered dangerous if it presents a significant and foreseeable risk of causing harm, injury, or damage to individuals or property. This can apply to a physical condition, an object, a substance, or a particular situation. When something is legally classified as dangerous, those responsible for it typically have a duty to take reasonable precautions to prevent harm. Failure to manage a dangerous element responsibly, leading to injury or damage, can result in claims of negligence and legal liability.

• Example 1: A construction company leaves an excavation pit on a public sidewalk uncovered and unmarked overnight. A pedestrian walking by in the dark falls into the pit and sustains serious injuries.

  Explanation: The uncovered and unmarked excavation pit constitutes a dangerous condition. It poses a clear and foreseeable risk of injury to anyone using the sidewalk, especially without proper warnings or barriers. The construction company's failure to secure the site could be considered negligence, making them liable for the pedestrian's injuries.

• Example 2: A homeowner stores highly flammable gasoline in an open container next to a water heater in their garage, which is accessible to children. A child playing in the garage accidentally knocks over the container, causing a fire that damages the house and injures the child.

  Explanation: The improperly stored gasoline in an open container, especially in an area accessible to children, is a dangerous instrumentality or substance. Its inherent flammability creates a high risk of fire and injury. The homeowner's failure to store it safely and securely created a dangerous situation, potentially leading to liability.

• Example 3: A zoo employee fails to properly secure the enclosure of a large, predatory animal, despite knowing the latch mechanism was faulty. The animal escapes and injures a visitor.

  Explanation: The faulty latch on the animal enclosure, combined with the nature of the animal, created a dangerous situation. The animal itself, being a predator, is inherently dangerous, and the failure to maintain its containment system properly amplified the risk. The zoo's negligence in addressing the known faulty latch directly led to a dangerous outcome and potential liability.