Legal Definitions - periculo petentis

Periculo petentis is a Latin legal principle that translates to "at the risk of the person seeking." This principle means that when a private individual or entity requests a court or other legal authority to take a specific action—such as issuing an order, a warrant, or an injunction—they bear the responsibility and potential liability if that action is later determined to have been wrongfully sought or improperly executed, causing harm to another party. In essence, the person who initiates the legal request assumes the risk if their request proves to be unfounded, unlawful, or causes undue damage.

• Example 1: Asset Freeze Request

  A company suspects a former executive of embezzling funds and successfully petitions a court for an emergency order to freeze the executive's bank accounts and seize certain personal assets to prevent further dissipation of the alleged stolen money. If, after a thorough investigation and trial, it is definitively proven that the executive did not embezzle any funds, and the company's initial request was based on false information or a misunderstanding, the company could be held liable for the executive's financial losses and damages resulting from the frozen accounts and seized assets. The company *sought* the court action and therefore bore the *risk* of its potential wrongfulness.

• Example 2: Emergency Eviction Order

  A landlord believes a tenant is engaging in dangerous and illegal activities on the property and obtains an emergency court order for immediate eviction without a standard notice period. If a subsequent hearing or investigation reveals that the tenant was not involved in any illegal activities, and the landlord's claims were unsubstantiated or fabricated, the landlord might be responsible for the tenant's costs, such as temporary housing, moving expenses, and legal fees incurred due to the wrongful eviction. The landlord *requested* the emergency order and thus assumed the *risk* if their claims proved to be false.