Define: Dangerous Instrumentality

Dangerous Instrumentality
Dangerous Instrumentality
Quick Summary of Dangerous Instrumentality

A dangerous instrumentality refers to an object that possesses such a high level of danger that it can inflict severe harm or even death without any human intervention. It serves as a basis for holding individuals accountable for any resulting harm. A deadly weapon is an object specifically designed to cause harm or fatality to another person, capable of inflicting serious injury or death. A concealed weapon is an object that an individual carries with them, intentionally hidden from the view of others. A weapon of mass destruction is an object intended to cause mass casualties, such as a nuclear bomb or chemical weapon.

Full Definition Of Dangerous Instrumentality

Dangerous instrumentality refers to an object, substance, or situation that possesses such inherent danger that it can result in severe bodily harm or death without any human involvement. It serves as a basis for strict liability, meaning that the individual responsible for the dangerous instrumentality can be held accountable for any harm caused, regardless of their direct involvement in the incident. Examples such as a loaded gun, a poisonous chemical, a live electrical wire, and a vicious dog exemplify the concept of dangerous instrumentality as they all have the potential to cause significant harm or fatality without any human intervention. For instance, a loaded gun can accidentally discharge and cause injury or death, even if no one is handling it at the time. Similarly, a poisonous chemical can inflict harm if it is spilled or released into the environment, even if no one intentionally consumes it.

Dangerous Instrumentality FAQ'S

A dangerous instrumentality refers to any object or device that has the potential to cause harm or injury to others. This can include firearms, explosives, certain chemicals, or even vehicles.

The person who owns, possesses, or controls the dangerous instrumentality is generally held responsible for any injuries or damages caused by it. However, liability can also extend to others who negligently entrust the instrumentality to someone else.

Yes, if you loan a dangerous instrumentality to someone who then causes harm or injury with it, you may be held partially liable for the damages. It is important to exercise caution when lending such items and ensure the borrower is responsible and capable of using them safely.

The legal requirements for owning or possessing a dangerous instrumentality can vary depending on the jurisdiction and the specific instrumentality in question. Some may require permits, licenses, or background checks, especially for firearms or explosives.

In most cases, if a dangerous instrumentality is stolen from you and subsequently causes harm or injury, you would not be held liable for the damages. However, it is crucial to report the theft promptly to law enforcement to avoid any potential legal complications.

If you have taken reasonable precautions to secure a dangerous instrumentality and it is still stolen or accessed by someone without your permission, you would generally not be held liable for any resulting injuries. Proper security measures can help protect you from potential legal consequences.

Yes, as the owner or possessor of a dangerous instrumentality, you can still be held liable for injuries caused by it, even if you were not present at the time of the incident. It is important to exercise responsible ownership and take necessary precautions to prevent unauthorized access or use.

In cases where a dangerous instrumentality is used in self-defence, liability can be more complex. Generally, if the use of the instrumentality was deemed reasonable and necessary to protect oneself or others from imminent harm, the person may not be held liable for injuries caused.

If a minor gains access to a dangerous instrumentality and causes harm or injury, the liability can extend to the owner or possessor of the instrumentality. It is crucial to ensure proper security measures are in place to prevent unauthorized access by minors.

If someone with a known mental illness gains access to a dangerous instrumentality and causes harm or injury, liability can potentially extend to the owner or possessor of the instrumentality. It is important to exercise caution and take necessary precautions when allowing access to such items.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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