Legal Definitions - hazard

In legal terms, a hazard generally refers to a danger, peril, or a factor that contributes to a potential loss or injury. It's a broad concept that can be broken down into more specific types depending on the context, such as workplace safety, environmental protection, or insurance.

• Extraordinary Hazard (in Workers' Compensation)

  This refers to an unusual workplace danger that is made worse or increased by the actions of other employees, beyond the typical risks associated with the job itself.

  • Example 1: A factory worker is operating a machine when a colleague, playing a prank, suddenly startles them, causing the worker to accidentally injure their hand in the machinery.

    Explanation: While operating machinery carries inherent risks (an occupational hazard), the injury was directly exacerbated by the unexpected and unnecessary action of another employee, making it an extraordinary hazard.

  • Example 2: During a routine chemical transfer, a laboratory technician is exposed to a dangerous spill because a coworker, rushing to finish their shift, failed to properly secure a safety valve on an adjacent container, leading to a larger and more dangerous incident than would typically occur.

    Explanation: Chemical spills are a known risk in a lab, but the coworker's negligence in securing the valve created a significantly increased and unusual danger, qualifying it as an extraordinary hazard.

• Imminent Hazard

  An imminent hazard describes an immediate and serious danger. In environmental law, it often refers to a situation where the continued use of a substance (like a pesticide) is highly likely to cause unreasonable harm to the environment or threaten the survival of an endangered species.

  • Example 1: A chemical plant's containment system fails, and a large volume of highly toxic waste is moments away from overflowing into a major river that serves as a drinking water source for nearby communities.

    Explanation: This situation represents an imminent hazard because the danger of widespread contamination and harm to public health is immediate and severe, requiring urgent intervention.

  • Example 2: Scientific studies reveal that a newly approved agricultural herbicide is causing a rapid and widespread decline in a specific population of migratory birds, pushing them towards extinction within weeks if its use continues.

    Explanation: The continued application of the herbicide poses an imminent hazard to the survival of the endangered bird species, necessitating immediate regulatory action.

• Occupational Hazard

  This refers to a danger or risk that is specific and inherent to a particular job or profession. It includes both accidental injuries and diseases that are characteristic of that occupation.

  • Example 1: A construction worker regularly faces the risk of falling from heights, being struck by heavy equipment, or sustaining injuries from power tools.

    Explanation: These dangers are directly associated with the nature of construction work and are therefore considered occupational hazards.

  • Example 2: A coal miner faces the risk of developing black lung disease from prolonged exposure to coal dust, or injuries from cave-ins.

    Explanation: Both the disease and the physical dangers are specific to the mining profession, making them occupational hazards.

• Moral Hazard (in Insurance)

  A moral hazard is a risk of loss that arises from a person's mental attitudes or behaviors, such as dishonesty, recklessness, or carelessness, especially when the existence of insurance might encourage such behavior.

  • Example 1: A business owner, facing financial difficulties, intentionally neglects to repair a faulty sprinkler system in their insured warehouse, secretly hoping a fire will occur so they can collect the insurance payout.

    Explanation: The owner's deliberate neglect and potential intent to profit from a loss, influenced by the insurance coverage, constitute a moral hazard.

  • Example 2: After purchasing comprehensive collision insurance for their car, a driver begins to take more risks on the road, knowing that any damage to their vehicle will be covered by their policy.

    Explanation: The driver's increased carelessness and willingness to take risks, influenced by the presence of insurance, exemplify a moral hazard.

• Physical Hazard (in Insurance)

  A physical hazard is a risk of loss that originates from the material world, specifically from the physical characteristics or environment of the insured property.

  • Example 1: A house built on a steep hillside in an area prone to landslides faces a higher risk of structural damage from ground movement.

    Explanation: The geographical location and geological characteristics of the property are physical factors that increase the likelihood of loss, making it a physical hazard.

  • Example 2: A commercial building with an aging electrical system and a roof made of highly flammable materials has an increased risk of fire.

    Explanation: The outdated electrical structure and the flammable materials used in construction are physical attributes that contribute to the risk of fire, representing a physical hazard.