dangerous instrumentality

dangerous instrumentality
A basis for liability without fault in respect of injury to adjoining property or to persons upon adjoining property. 1 Am J2d Adj L § 11; a term of moment in reference to liability of an owner or possessor for negligence. 38 Am J1st Negl § 85; also, a term of practical application in considering the absolute liability of an employer for an injury inflicted upon a third person by an instrumentality in the hands of an employee. The term has reference to appliances or things dangerous in themselves, inherently dangerous. 35 Am J1st M & S § 547; 38 Am J1st Negl § 85. Only where a "dangerous agency" amounts to a nuisance, and is unnecessary under the existing social conditions, may the employer be held absolutely liable for injuries resulting from its use by an employee. 35 Am J1st M & S § 547.

Ballentine's law dictionary. . 1998.

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  • dangerous instrumentality — n. An object that can endanger people by either careless or improper use. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. dangerous instrumentality …   Law dictionary

  • dangerous instrumentality — Anything which has the inherent capacity to place people in peril, either in itself (e.g. dynamite), or by a careless use of it (e.g. boat). Green v. Ross, D.C.Fla., 338 F.Supp. 365, 367. Due care must be exercised in using to avoid injury to… …   Black's law dictionary

  • dangerous instrumentality — Anything which has the inherent capacity to place people in peril, either in itself (e.g. dynamite), or by a careless use of it (e.g. boat). Green v. Ross, D.C.Fla., 338 F.Supp. 365, 367. Due care must be exercised in using to avoid injury to… …   Black's law dictionary

  • dangerous — dan·ger·ous adj 1: creating a risk of bodily injury a dangerous condition of a public building 2: able or likely to inflict esp. serious bodily injury a dangerous criminal with no regard for human life a dangerous animal; also: deadly …   Law dictionary

  • instrumentality — in·stru·men·tal·i·ty /ˌin strə mən ta lə tē, ˌmen / n pl ties 1: something through which an end is achieved or occurs damages incurred in a single incident through an instrumentality owned by the employer 2: something that serves as an… …   Law dictionary

  • dangerous condition — I noun crisis, dangerous situation, emergency, endangerment, hazard, imperilment, jeopardy, menace, ominousness, peril, pitfall, precariousness, predicament, razor s edge, threat, unhealthy situation associated concepts: dangerous drugs,… …   Law dictionary

  • dangerous instrument — dangerous in·stru·ment n: an object capable of causing bodily injury either because of an inherent quality or because of the manner in which it is used – called also dangerous instrumentality; ◇ An object is more likely to be deemed a dangerous… …   Law dictionary

  • instrumentality — An agency, a means of accomplishment. See dangerous instrumentality; federal instrumentality …   Ballentine's law dictionary

  • dangerous weapon — One dangerous to life; one by the use of which a serious or fatal wound or injury may probably or possibly be inflicted. In context of criminal possession of a weapon can be any article which, in circumstances in which it is used, attempted to be …   Black's law dictionary

  • dangerous weapon — One dangerous to life; one by the use of which a serious or fatal wound or injury may probably or possibly be inflicted. In context of criminal possession of a weapon can be any article which, in circumstances in which it is used, attempted to be …   Black's law dictionary

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