Legal Definitions - dangerous conduct

Dangerous conduct refers to actions or omissions that create a significant and unjustified risk of injury, damage, or other harm to individuals or property. It describes behavior that a reasonable person would recognize as posing a substantial threat, often due to a failure to exercise appropriate care or adhere to safety standards.

• Example 1: A construction worker operating heavy machinery on a busy street without proper safety barriers or flag persons, despite company policy requiring them. The worker’s actions create a foreseeable risk of injury to pedestrians and other vehicles that could accidentally enter the work zone.

  Explanation: This illustrates dangerous conduct because the worker's failure to implement standard safety measures, which are designed to protect the public, creates an unreasonable and significant risk of harm to others in a public space.

• Example 2: A homeowner storing highly flammable chemicals in an unsecured shed located directly next to a children's play area, with no warning signs or locks. The chemicals are easily accessible to curious children or could be ignited by a stray spark.

  Explanation: This is dangerous conduct because the homeowner's decision to store hazardous materials in an unsafe and accessible manner, particularly near a vulnerable population, creates a clear and unjustified risk of fire, explosion, or chemical exposure.

• Example 3: A commercial airline pilot, despite being aware of a critical malfunction in the aircraft's landing gear system, decides to proceed with a scheduled flight rather than reporting the issue and delaying departure for repairs. The pilot believes they can compensate for the defect.

  Explanation: This constitutes dangerous conduct because the pilot's decision to operate an aircraft with a known critical defect, disregarding established safety protocols and the potential for catastrophic failure, places all passengers and crew at an extreme and unjustified risk.