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Dangerous Instrumentality |
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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. |
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? References in periodicals archive |
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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. |
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Dangerous Instrumentality