Legal Definitions - dangerous instrumentality

A dangerous instrumentality refers to an object, substance, or condition that is so inherently hazardous that it possesses the potential to cause serious injury or death even without direct human action or misuse. The danger is intrinsic to the item or situation itself, meaning it carries a significant risk simply by its nature or presence.

When a dangerous instrumentality causes harm, the party responsible for its control or maintenance may be held strictly liable. This means they could be held responsible for damages regardless of whether they acted negligently, because the item or condition itself is recognized as inherently perilous.

Here are some examples illustrating this concept:

• Example 1: An improperly secured high-voltage electrical transformer.

  A transformer containing live electrical components is inherently dangerous. If it is left unsecured in an accessible area, a curious child or an unsuspecting adult could come into contact with it and suffer severe electrocution, even if no one is actively operating or misusing the transformer. The danger arises from the powerful electrical current contained within the device itself, regardless of human interaction.

• Example 2: A large quantity of highly corrosive industrial chemicals stored in unlabeled, leaking containers.

  Certain industrial chemicals are inherently dangerous due to their corrosive properties. If these chemicals are stored in deteriorating containers that begin to leak, they could cause severe burns or respiratory damage to anyone nearby, or contaminate the environment, without anyone directly handling or misusing the chemicals. The inherent chemical properties make them a dangerous instrumentality.

• Example 3: An unfenced, deep excavation pit on a construction site adjacent to a public park.

  A deep, open pit, especially one with unstable edges or standing water, can be considered a dangerous condition. If it is not properly fenced or marked, a person, particularly a child, could accidentally fall into it and suffer serious injury or death. The danger exists due to the inherent characteristics of the deep, unprotected hole itself, not necessarily from someone actively misusing it.