Legal Definitions - potentia propinqua

Potentia propinqua refers to a common possibility or a foreseeable likelihood. It describes an event or outcome that is reasonably expected to occur under a given set of circumstances, rather than something remote, extraordinary, or highly improbable. It's about what is within the normal range of expectation or risk.

• Example 1: Construction Project Delays

  A construction company is contracted to build a new office building over an 18-month period. It is a potentia propinqua that the project might experience minor delays due to typical adverse weather conditions, such as a few weeks of heavy rain or unexpected cold snaps, which are common in the region during certain seasons.

  This illustrates potentia propinqua because such weather-related interruptions are a normal, expected part of outdoor construction work and are generally factored into project planning as a foreseeable risk, unlike highly unusual events like a sudden, catastrophic meteor strike.

• Example 2: Retail Store Safety

  A grocery store employee mops a section of the produce aisle. It is a potentia propinqua that if the employee fails to place a "wet floor" warning sign, a customer walking through that aisle might not notice the wet surface, slip, and fall.

  This demonstrates the concept as a slip and fall is a commonly foreseeable consequence of an unaddressed hazard in a public space. A reasonable person would anticipate this risk and take steps to prevent it, making it a common possibility.

• Example 3: Product Use and Warnings

  A company manufactures a new line of electric kettles. It is a potentia propinqua that if a user overfills the kettle, boiling water might splash out when it reaches temperature, potentially causing minor burns. For this reason, manufacturers often include "max fill" lines and warnings.

  This shows that certain minor incidents or injuries are a common and foreseeable possibility when using appliances, even when used generally as intended. The potential for a splash from overfilling is an expected risk that the manufacturer anticipates and advises against.