Legal Definitions - suo periculo

The Latin phrase suo periculo translates to "at one's own risk." In legal contexts, it signifies that an individual or entity undertaking an action or entering into a situation accepts full responsibility for any potential negative consequences, damages, or losses that may arise. It means that the person or entity bears the burden of any adverse outcomes and cannot hold another party liable for those results.

Here are some examples illustrating this concept:

• Example 1 (Business Contract): A construction company is hired to build a unique, experimental structure using an unproven material. The client insists on using this material despite the construction company's warnings about its unknown durability and potential for failure. The contract is drafted to state that the client proceeds suo periculo regarding any issues arising specifically from the experimental material.

  Explanation 1: In this scenario, the client is acting suo periculo. By explicitly agreeing to use the unproven material against expert advice, they accept full responsibility for any structural failures, defects, or additional costs that directly result from that material. The construction company would likely be shielded from liability for those specific issues.

• Example 2 (Recreational Activity): A group of friends decides to go whitewater rafting on a river known for its dangerous rapids, even though the local park authority has issued a severe weather warning and advised against water activities. One of the rafters is injured when their raft capsizes.

  Explanation 2: The rafters proceeded suo periculo. By knowingly disregarding official warnings about hazardous conditions, they voluntarily assumed the risk of injury. The park authority would likely not be held liable for the injury, as the individual chose to engage in the activity fully aware of and accepting the heightened dangers.

• Example 3 (Property Use): A landowner grants a neighbor permission to cross their private, undeveloped forest land to access a remote fishing spot. The landowner explicitly warns the neighbor that the path is unmaintained, contains uneven terrain, and has fallen trees, and that they enter at their own risk.

  Explanation 3: The neighbor is accessing the land suo periculo. By acknowledging the landowner's warnings and choosing to proceed, the neighbor accepts responsibility for any injuries or damages they might sustain due to the hazardous conditions of the unmaintained path. The landowner, having provided clear notice, would likely not be liable if the neighbor trips and falls.