Dangerous Instrumentality

Dangerous Instrumentality

Any article that is inherently hazardous or has the potential for harming people through its careless use.

Examples of a dangerous instrumentality include explosives and electrically charged wires. Statutes and case law must be consulted to determine what items are regarded as dangerous instrumentalities.

When dealing with dangerous instrumentalities, some jurisdictions require that due care be exercised to prevent harm to those who are reasonably expected to be in proximity with them. Others impose Strict Liability for injuries and losses caused by them.

References in periodicals archive ?
parent from liability under the Dangerous Instrumentality Doctrine.
accompanying text regarding Dangerous Instrumentality Doctrine.
1920) (adopting the Dangerous Instrumentality Doctrine).
Florida's dangerous instrumentality doctrine imposes strict
If a big corporation knowingly produces and sells a substance or machine that it knows to be terrifyingly dangerous, and it knows that it can only be sued for $100,000, it goes on selling the dangerous instrumentality, paying the $100,000 as part of the cost of doing business.
This article explores Florida's dangerous instrumentality doctrine, vicarious liability, and federal preemption of the regulation of commercial motor vehicles.
Vicarious liability for the negligence of a professional driver is determined by Florida's dangerous instrumentality doctrine, which provides that the owner of an inherently dangerous tool is liable for any injuries caused by that tool's operation.
In recognition of this, the Florida Supreme Court created an exception to the dangerous instrumentality doctrine for long-term leases.
The Woods appealed, disagreeing with the district court's reasoning that a gun is "not a dangerous instrumentality when it's in an unloaded state.
Appellate Judge Anthony Kline wrote, "Fundamental fairness requires that those who create and profit from commerce in a potentially dangerous instrumentality should be liable for conduct that unreasonably increases the risk of injury above and beyond that necessarily presented by their enterprise.
Researching the potential uses of tracking Retriever Industries became concerned with how such a capability could be misused - and came to the conclusion that the ability to track electronically can be a very dangerous instrumentality.
For almost as long as there have been automobiles, Florida has held owners of vehicles involved in accidents liable under its dangerous instrumentality doctrine.

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